
Glass LB 2.5,Z :3 
Book , K33/- 



OFFICIAL DONATION. 



907 



STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all ihe Laws in Force Pertaining to Public 

Schools, State Educational Institutions, School 

Lands and Public Lands Appropriated to 

the Use of the State Educational 

Institutions, with Appendices 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

W. L. STOCKWELL, Superintendent 

JUNE, 1907 



Published by Authority 



BISM AR CE ! 

XBIBONK, PRINTERS AND BINDERS, 

1 90 7 



m 



n OF ^ 



Co 



THIS VOLUME) IS STATE PROPERTY 

And is for the use of 

of School District No 

County of State of North Dakota. 



School officers on retiring from office are required by law to de- 
liver this volume, with all other books and documents of an official 
character, to their successors in office. 



INTRODUCTORY 



This compilation of the General School Laws is authorized by sec- 
tion. 756 of the Revised Codes of 1905, and is designated to include all 
provisions relating to education at present in force which make the 
laws governing the complete school system of the state. It embraces 
the laws pertaining to the public schools, the state educational insti- 
tutions, and the lands appropriated to the use of the public schools 
and the state educational institutions. 

The compilation contains all general laws in full as appear in the 
code, amended or extended by the legislative assembly of 1907, 
Special acts are referred to by title only. 

Special Ews, designated by title only, laws pertaining to specula- 
tion in office and to penalty for failure to make reports, the filing of 
bond of school district treasurer, bonds for labor and material for 
public buildings and the decisions of the supreme court of the terri- 
tory of Dakota and of the state of North Dakota pertaining to school 
matters are to be found in •;he appendices. 

A calendar will also be found in the appendices which may be of 
assistance to school officers in the timely discharge of their duties. 

W. L. STOCKWELL, 
Superintendent of Public Instruction. 

Bismarck, N. D., June 1, 1907. 



CONGRESSIONAL ENACTMENT 



ORGANIC LAW 

NARCOTICS. 

Section 75. The nature of alcoholic drinks and narcotics, and spe- 
cial instruction as to their effects upon the human system, in connec- 
tion with the several divisions of the subject of physiology and hy- 
giene, shall be included in the branches of study taught in the com- 
mon or public schools, and in the military and naval schools, and 
shall be studied and taught as thoroughly and in the same manner as 
other like required branches are in said schools, by the use of text 
books in the hands of pupils where other branches are thus studied 
in said schools, and by all pupils in all said schools throughout the 
territories in the military and naval academies of the United States 
and in the District of Columbia and in all Indian and colored schools 
in the territories of the United States. 

Sec. 76. It shall be the duty of the proper officers in control of 
any school described in the foregoing section to enforce the pro- 
visions of this act ; and any such officer, school director, committee, 
superintendent or teacher who shall refuse or neglect to comply with 
the requirements of this act or shall neglect or fail to make proper 
provisions for the instruction required and in the manner specified by 
the first section of this act, for all the pupils in each and every school 
under his jurisdiction, shall be removed from office and the vacancy 
filled as in other cases. 

Sec. 77. No certificate shall be granted to any person to teach in 
the public schools of the District of Columbia or territories, after the 
first day of January, anno Domini eighteen hundred and eighty-eight, 
who has not passed a satisfactory examination in physiology and hy- 
giene, with special reference to the nature and effects of alcoholic 
drinks and other narcotics upon the human system. 

Act of congress approved May 20, 1886. (See, also, sections 774 and 
883, post.) 

RESERVATION OF SCHOOL LANDS. 

Sec. 88. Sections numbered sixteen and thirty-six in each town- 
ship of the territories of '-'^^ * * Dakota * * * shall be re- 
served for the purpose of being applied to schools in the several 
territories herein named, and in the states and territories hereafter 
to be erected out of the same. 

§1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, Enabling 
Act, section 10, post.) 



GENERAL SCHOOL LAWS 



ENABLING ACT. 

(Approved February 22, 1889.) 

Sec. 4. (Providing for the Constitutional Conventions for North 
Dakota, South Dakota, Montana and Washington. And said con- 
vention shall provide by ordinances irrevocable without the consent 
of the United States and the people of said states : 

Fourth. That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be open to all 
children of said states, and free from sectarian control. 

Sec. 10. That upon the admission of each of said states into the 
union, sections numbered sixteen and thirty-six in every township 
of said proposed states, and where such sections or any parts thereof 
have been sold or otherwise disposed of by or under the authority 
of any act of congress, other lands equivalent thereto, in legal subdivi- 
sions of not less than one-quarter section * * * are hereby 
granted to said states for the support of common schools. * * * 

Sec. 11. That all lands herein granted for educational purposes 
shall be disposed of only at public sale, and at a price not less than 
$10 per acre, the proceeds to constitute a permanent school fund, the 
interest of which only shall be expended in the support of said 
schools. But said lands may, under such regulations as the legislature 
shall prescribe, be leased for periods of not m.ore than five years, in 
quantities not exceeding one section to any one person or company, 
and such land shall not be subject to pre-emption, homestead entry, 
or any other entry under the land laws of the United States, whether 
surveyed or unsurveyed, but shall be reserved for school purposes 
only. 

Sec. 13. That five per centum of the proceeds of the sales of pub- 
lic lands lying within said states which shall be sold by the United 
States subsequent to the admission of said states into the union, after 
deducting all expenses incident to the same, which shall be paid to 
the said states, to be used as a permanent fund, the interest of which 
only shall be expended for the support of common schools within said 
states, respectively. 

Sec. 14. That the lands granted to the territories of Dakota and 
Montana by the act of February 18, 1881, * * * are hereby 
vested in the states of South Dakota, North Dakota and Montana re- 
spectively, * * * to the extent of the full quantity of seventy- 
two sections to each of said states, * * * but said act of Febru- 
ary 18, 1881, shall be so amended as to provide that none of said 
lands shall be sold for less than $10 per acre, and the proceeds shall 
constitute a permanent fund to be safely invested and held by said 
states severally, and the income thereof be used exclusively for uni- 
versity purposes. * * * None of the lands granted in this sec- 
tion shall be sold at less than $10 per acre ; but said lands may be 
leased in the same manner as provided in section 11 of this act. The 



STATE OF NORTH DAKOTA 



schools, colleges and universities provided for in this act shall for- 
ever remain under the exclusive control of the said states, respec- 
tively, and no part of the proceeds arising from the sale or disposal 
of any lands herein granted for educational purposes shall be used 
for the support of anv sectarian or denominational school, college, or 
university. * * * 

Sec. 16. That 90,000 acre^ of land, to be selected and located as 
provided in section 10 of this act, are hereby granted to each of said 
states, except to the state of South Dakota, to which 120,000 acres 
are granted, for the use and support of agricultural colleges in said 
states, as provided in the acts of congress making donations of lands 
for such purpose. 

Sec. 17. That in lieu of the grant of land for purposes of internal 
improvement made to new states by the eighth section of the act of 
September 4, 1841, which act is hereby repealed as to the states pro- 
vided for by this act, and in lieu of any claim or demand by the said 
states, or either of them, under the act of September 28, 1850, and 
section 2479 of the revised statutes, making a grant of swamp and 
overflowed lands to certain states, which grant it is hereby declared is 
not extended to the states provided for in this act, and in lieu of any 
grant of saline lands to said states, the following grants of lands are 
hereby made, to-wit : 

To the State of South Dakota : For the school of mines, 40,000 
acres ; for the reform school, 40,000 acres ; for the deaf and dumb 
asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for 
the universitv. 40,000 acres ; for state normal schools, 80,000 acres ; 
for public buildings at the capital of state, 50,000 acres, and for 
such other educational and charitable purposes as the legislature of 
said state may determine, 170,000 acres ; in all 500,000 acres. 

To the State of North Dakota a like quantity of land as is in this 
section granted to the state of South Dakota and to be for like pur- 
poses, and in like proportion as far as practicable. 



CONSTITUTIONAL PROVISIONS 

[Adopted October 1, 1889.] 



PREAMBLE. 

We, the people of North Dakota, grateful to Almighty God for 
the blessings of civil and religious liberty, do ordain and establish 
this Constitution. 4 

ARTICLE n. 

THE LEGISLATIVE DEPARTMENT. 

Sec. 69. The legislative assembly shall not pass local or special 

laws in any of the following enumerated cases, that is to say : 
Hi * * * * * 

12. Providing for the management of common schools. 
ARTICLE III. 

EXECUTIVE DEPARTMENT. 

Sec. 82. There shall be chosen by the qualified electors of the state 
at the time and places of choosing members of the legislative assem- 
bly a * * * superintendent of public instruction * * * 
who shall have attained the age of twenty-five years, shall be a citizen 
of the United States, and shall have the qualifications of state electors. 
They shall severally hold their offices at the seat of government for 
the term of two A^ears and until their successors are elected and duly 
qualified. 

Sec. 83. The powers and duties of the * * superin- 

tendent of public instruction, * * shall be as pre- 

scribed by law. 

Sec. 84. Until otherwise provided by law, the * * 

superintendent of public instruction, * * shall each 

receive an annual salary of $2,000 ; * * but the 

salary of any of said officers shall not be increased or diminished dur- 
ing the period for which they shall have been elected, and all fees and 
profits arising from any of the said offices shall be covered into the 
state treasury. 



STATE OF NORTH DAKOTA 11 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. 121. (Amended.) Every male person of the age of twenty- 
one years or upwards belonging to either of the following classes, 
who shall have resided in the state one year, and in the county six 
months, and in the precinct ninety days next preceding any election, 
shall be deemed a qualified elector at such election : 

First — Citizens of the United States. 

Second — Civilized persons of Indian descent who shall have sev- 
ered their tribal relations two years next preceding such election. 
(See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) 

Sec. 123. Electors shall in all cases except treason, felony, breach 
of the peace or illegal voting, be privileged from arrest on the days 
of election during their attendance at, going to and returning from 
such election, and no elector shall be obliged to perform military duty 
on the dav of election except in time of war or public danger. 

Sec. 125. No elector shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States 
or of this state, or in the military or naval service of the United 
States. 

Sec. 126. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in conse- 
quence of his being stationed therein. 

Sec. 127. (Amended.) No person who is under guardianship, 
non compos mentis or insane, shall be qualified to vote at any elec- 
tion ; nor shall any person convicted of treason or felony, unless re- 
stored to civil rights ; and the legislature shall by law establish edu- 
cational test as a qualification, and may prescribe penalties for failing, 
neglecting or refusing to vote at any general election. 

Sec. 128. Any woman having qualifications enumerated in section 
121 of this article as to age, residence and citizenship, and including 
those now qualified by the laws of the territory, may vote for all 
school officers, and upon all questions pertaining solely to school mat- 
ters, and be eligible to any school office. 

Sec. 129. All elections by the people shall be by secret ballot sub- 
ject to such regulations as shall be provided by law. 

ARTICLE VIII. 

EDUCATION. 

Sec. 147. A high degree of intelligence, patriotism, integrity and 
morality on the part of everv voter in a government by the people 
being necessary in order to insure the continuance of that govern- 
ment and the prosperity and happiness of the people, the legislative 
assemblv shall make provisi )n for the establishment and maintenance 
of a system of public schools which shall be open to all children of 



12 GENERAL SCHOOL LAWS 

the state of Nnrth Dakota and free from sectarian controL The leg- 
islative reauirements shall be irrevocable v/ithout the consent of the 
United States and the people of North Dakota. {See Sec. y83, 
post.) 

Sec. 148. The legislative assembly shall provide at its first session 
after the adoption of this Constitution for a uniform system of free 
public schools throughout the state ; beginning with the primary and 
extending through ail grades up to and including the normal and col- 
legiate course. 

Sec. 149. In all schools instruction shall be given as far as prac- 
ticable in those branches of knowledge that tend to impress upon 
the mind the vital importance of truthfulness, temperance, purity, 
public spirit, and respect for honest labor of every kind. 

Sec. 150. A superintendent of schools for each county shall be 
elected every two years, whose qualifications, duties, powers and com- 
pensation shall be fixed by law. 

Sec. 151. The legislative assembly shall take such other steps as 
may be necessary to prevent illiteracv, secure a reasonable degree of 
uniformity in course of studv and to promote industrial, scientific 
and agricultural improvement 

Sec. 153. All colleges, universities and other educational institu- 
tions, for the support of which lands have been granted to this state, 
or which are supported by a public tax, shall remain under the abso- 
lute and exclusive control of the state. No money raised for the sup- 
port of the public schools of the state shall be appropriated to or used 
for the support of any sectarian school. 

ARTICLE IX. 

SCHOOL AND PUBLIC LANDS. 

Sec. 153. All proceeds of the public lands that have heretofore 
been or may hereafter be granted bv the United States for the sup- 
port of the common schools in this state ; all such per centum as may 
be granted by the United States on the sale of public lands; the 
proceeds of property that shall fall to the state by escheat; the 
proceeds of all gifts and donations to the state for common schools, 
or not otherwise appropriated by the terms of the gift, and all other 
property otherwise acquired for common schools, shall be and re- 
main a perpetual fund for the maintenance of the common schools 
of the state. It shall be deemed a trust fund, the principal of which 
shall forever remain inviolate, and may be increased but never 
diminished. The state shall make good all losses thereof. (See sec. 
164.) 

Sec. 154. The interest and income of this fund, together with 
the net proceeds of all fines for violation of state laws, and all 
other sums which may be added thereto by law shall be faithfully 
used and applied each year for the benefit of the common schools 



STATE OF NORTH DAKOTA 13 

of the state, and shall be for this purpose apportioned among and 
between all the several common school corporations of the state 
in proportion to the number of children in each of school age, as 
may be fixed by law, and no part of the fund shall ever be diverted 
even temporarailv from this purpose, or used for any other purpose 
whatever than the maintenance of common schools for the equal 
benefit of all the people of the state ; provided, however, that if any 
portion of the interest or income aforesaid be not expended during 
the year, said portion shall be added to and become a part of the 
school fund. 

Sec. 155. After one year from the assembling of the first leg- 
islative assembly, the lands granted to the state from the United 
States for the support of the common schools, may be sold upoil 
the following conditions, and no other: No more than one-fourth 
of all such lands shall be sold within the first five years after the 
same become saleable by virtue of this section. No more than one- 
half of the remainder within ten years after the same become saleable 
as aforesaid. The residue may be sold at any time after the expira- 
tion of said ten years. The legislative assembly shall provide for the 
sale of all school lands subject to the provisions of this article. The 
coal lands of the state shall never be sold, but the legislative assembly 
may by general laws provide for leasing of the same; the words 
"coal lands" shall include lands bearing lignite coal. 

Sec. 156. The superintendent of public instruction, governor, 
attorney general, secretary of state and state auditor shall con- 
stitute a board of commissioners, which shall be denominated the 
"Board of University and School Lands," and subject to the pro- 
visions of this article and any lav/ that may be passed by the 
legislative assembly, said board shall have control of the appraise- 
ment, sale, rental and disposal of all school and university lands, 
and shall direct the investment of the funds arising therefrom in 
the hands of the state treasurer, under the limitations in section 
IGO of this article. 

Sec. 157. The county superintendent of common schools, the 
chairman of the county board and the county auditor shall con- 
stitute boards of appraisal, and under the authority of the state 
board of university and school lands shall appraise all school lands 
within their respective counties, which they may from time to time 
recommend for sale, at their actual value, under the prescribed terms, 
and shall first select and designate for sale the most valuable lands. 

Sec. 158. No lands shall be sold for less than the appraised 
value, and in no case for less than ten dollars per acre. The 
purchaser shall pay one-fifth of the price in cash, and the remain- 
ine four-fifths as follows : One-fifth in five years, one-fifth in ten 
years, one-fifth in fifteen years and one-fifth in twenty years, with 
interest at the rate of not less than six per centum, payable an- 



14 GENERAL SCHOOL LAWS 

nually in advance. All sales shall be held at the county seat for 
the county in which the land to be sold is situate, and shall be 
at public auction, and to the highest bidder, after sixty days' 
advertisement of the same in a newspaper of general circulation 
in the vicinity of the lands to be sold, and one at, the seat of gov- 
ernment. Such lands as shall not have been specially subdivided 
shall be offered in tracts of one-Quarter section, and those so sub- 
divided in the smallest sub-divisions. All lands designated for sale 
and not sold within two years after appraisal shall be reappraised 
before thev are sold. No grant or patent for any such lands shall 
issue until payment is made for the same ; provided, that the lands 
contracted to be sold by the state shall be subject to taxation from 
the date of such contract. In case the taxes assessed against any 
of said lands for any year remain unpaid until the first Monday 
in October of the following year, then and thereupon the contract 
for sale of such lands shall become null and void. 

Sec. 159. All lands, money or other property, donated, granted 
or received from the United States or any other source for a uni- 
versity, school of mines, reform school, agricultural college, deaf 
and dumb asvlum, normal school, or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source shall be and remain perpetual 
funds, the interest and income of which together with the rents 
of all such lands as may remain unsold, shall be inviolably appro- 
priated and applied to the specific object of the original grants or 
gifts. The principal of every such fund may be increased but shall 
never be diminished, and the interest and income only shall be 
used. Every such fund shall be deemed a trust fund held by the 
state, and the state shall make good all losses thereof. {See Sec. 
164.) 

Sec. 160. All lands mentioned in the preceding section shall 
be appraised and sold in the same manner and under the same 
limitations and subject to all the conditions as to price and sale 
as provided above for the appraisal and sale of lands for the benefit 
of common schools ; but a distinct and separate account shall be kept 
by the proper officers of each of said funds ; provided, that the 
limitations as to the time in which school lands may be sold shall 
apply onlv to lands granted for the support of common schools. 

Sec. 161. The legislative assembly shall have authority to pro- 
vide bv law for the leasing of lands granted to the state for edu- 
cational and charitable purposes ; but no such law shall authorize 
the leasine of said lands for a longer period than five years. Said 
lands shall only be leased for pasturage and meadow purposes and 
at a public auction after notice as heretofore provided in case of 
sale ; provided, that all of said school lands now under cultivation 
may be leased at the discretion and under the control of the board 



STATE OF NORTH DAKOTA 15 

of university and school lands for other than pasturage and meadow 
purposes until sold. All rents shall be paid in advance. 

Sec. 163. The moneys of the permanent school fund and other 
educational funds shall be invested only in bonds of school cor- 
porations within the state, bonds of the United States, bonds of 
the state of North Dakota, or in first mortgages on farm lands in the 
state not exceeding in amount one-third of the actual value of any 
subdivision on which the same may be loaned, such value to be 
determined by the board of appraisers of school lands. 

Sec. 163. No law shall ever be passed by the legislative assem- 
bly granting to any person, corporation or association any privileges 
by reason of the occupation, cultivation or improvement of any 
public lands by said person, corporation or association subsequent 
to the survey thereof by the general government. No claim for 
the occupation, cultivation or improvement of any public lands 
shall ever be recognized, nor shall such occupation, ciiltivation or 
improvement of any public lands ever be used to diminish, either 
directly or indirectly, the purchase price of said lands. 

^ Sec. 164. The legislative assemby shall have authority to pro- 
vide by law for the sale or disposal of all public lands that have 
been heretofore, or may hereafter be granted by the United States 
to the state for purposes other than set forth and named in sec- 
tions 153 and 159 of this article. And the legislative assembly 
in providing for the appraisement, sale, rental and disposal of 
the same, shall not be subject to the provisions or limitations of 
this article. 

Sec. 165. The legislative assembly shall pass suitable laws for 
the safe-keeping, transfer and disbursement of the state school 
funds, and shall reauire all officers charged with the same or the 
safe-keeping thereof to give ample bonds for all moneys and funds 
received by them, and if any of said officers shall convert to his own 
use in any manner or form, or shall loan, with or without interest 
or shall deposit in his own name, or otherwise than in the name of 
the state of North Dakota, or shall deposit in any banks or with any 
person or persons, or exchange for other funds or property any por- 
tion of the school funds aforesaid, or purposely allow any portion of 
the same to remain in his own hands uninvested except in the manner 
prescribed by law, every such act shall constitute an embezzlement of 
so much of the aforesaid school funds as shall be thus taken or loaned, 
or deposited, or exchanged, or withheld, and shall be a felony ; and 
any failure to pav over, produce or account for the state school funds 
or any part of the same entrusted to any such officer, as by law re- 
Quired or demanded, shall be held and be taken to be prima facie 
evidence of such embezzlement. 



16 GENERAL SCHOOL LAWS 



ARTICLE XII. 

PUBLIC DEBT AND PUBLIC WORKS, 

Sec. 183. The debt of any county, township, town, school district 
or anv other nolitical subdivision, shall never exceed five per centum 
upon the assessed value of the taxable property therein; provided, 
that anv incorporated citv may by a two-thirds vote increase such in- 
debtedness three per centum on such assessed value beyond said five 
per cent limit. In estimating- the indebtedness which a city, county, 
township, school district or any other political subdivision may incur, 
the entire amount of existing indebtedness, whether contracted prior 
or subsequent to the adoption of this constitution shall be included ; 
* * * All bonds or obligations in excess of the amount of 
indebtedness permitted by this constitution, given by any city, county, 
township, town, school district or other political subdivision, shall be 
void. 

Sec. 184. Any city, county, township, town, school district, or 
any other political subdivision incurring indebtedness shall, at or 
before the time of so doing, provide for the collection of an annual 
tax sufficient to pay the interest and also the principal thereof when 
due, and all laws or ordinances providing for the payment of the 
interest or principal of any debt shall be irrepealable until such debt 
be paid. 

Sec. 185. Neither the state nor anv county, city, township, town, 
school district or any other political subdivision shall loan or give 
its credit or make donations to or in aid of any individual, association 
or corporation, except for necessary support of the poor, nor sub- 
scribe to or become the owner of the capital stock of any association 
or corporation. * * * 

Sec. 186. * * ^- j.^Q bills, claims, accounts 

or demands against the state, or any county or other political subdi- 
vision, shall be audited, allowed or paid until a full itemized statement 
in writing- shall be filed with the officer or officers whose duty it may 
be to audit the same. 

Sec. 187. * vie * j^Q bond or evidence of 

debt of an-^- county, or bond of any township or other political subdi- 
vision shall be valid unless the same have endorsed thereon a certifi- 
cate signed by the county auditor, or other officer authorized by law 
to sign such certificate, stating that said bond, or evidence of debt, 
is issued pursuant to law and is within the debt limit. 

ARTICLE XIX. 

PUBLIC INSTITUTIONS. 

Sec. 215. (Amended.) The following public institutions of the 
state are permanently located at the places hereinafter named, each 
to have the lands specifically granted to it by the United States in 
the act of congress approved February 22, 1889, to be disposed of 



STATE OF NORTH DAKOTA 17 



and used in such manner as the legislative assembly may prescribe, 
subject to the limitations provided in the article on school and public 
lands contained in this constitution : * * * 

Second. The state university and the school of mines at the city 
of Grand Forks, in the county of Grand Forks. 

Third. The agriculural college at the city of Fargo, in the county 
of Cass. 

Fourth. A state normal school at the city of Valley City, in the 
county of Barnes; and the legislative assembly in apportioning the 
grant of 80,000 acres of land for normal schools made in the act of 
congress referred to, shall grant to the said normal school at Valley 
City aforementioned 50,000 acres, and said lands are hereby appro- 
priated to said institution for that purpose. 

*Fifth. The school for the deaf and dumb of North Dakota at 

the city of Devils Lake in the county of Ramsey. 

* * * * * * 

Seventh. A state normal school at the city of Mayville. in the 
county of Traill; and the legislative assembly in apportioning the 
grant of land made by congress in the act aforesaid for state normal 
schools, shall assign 30,000 acres to the institution hereby located at 
Mayville, and said lands are herebv appropriated for said pur- 
pose. 

Eighth. A state hospital for the insane at the city of Jamestown, 
in the county of Stutsman. And the legislative assembly shall ap- 
propriate twenty thousand acres of the grant of lands made by the 
act of congress aforesaid for "other educational and charitable insti- 
tutions," to the benefit and for the endowment of said institution, 
and there shall be located at or near the city of Grafton, in the county 
of Walsh, an institution for the feeble minded, on the grounds pur- 
chased by the secretary of the interior for a penitentiary building. 

M; * * * * * 

Sec. 316. The following named public institutions are hereby per- 
manently located as hereinafter provided, each to have so much of 
the remaining grant of 170,000 acres of land made by the United 
States for "other educational and charitable institutions," as is allot- 
ted by law, viz. : 

Second. A blind asylum, or such other institution as the legisla- 
tive assembly may determine, at such place in the county of Pembina 
as the qualified electors of said county may determine at an election 
to be held as prescribed by the legislative assembly, with .a grant of 
30,000 acres. 

Third. An industrial school and school for manual training, or 
such other educational or charitable institution as the legislative 
assembly may provide, at the town of Ellendale, in the county of 
Dickey, with a grant of 40,000 acres. 



♦Amended 1905 



School Laws— 2 



18 GENERAL SCHOOL LAWS 



Fourth. A school of forestry, or such other institution as the 
legislative assembly may determine, at such place in one of the coun- 
ties of McHenry, Ward, Bottineau or Rolette as the electors of said 
counties mav determine by an election for that purpose, to be held 
as provided by the legislative assembly. 

Fifth. A scientific school, or such other educational or charitable 
institution as the legislative assembly may prescribe, at the city of 
Wahpeton, county of Richland, with a grant of 40,000 acres ; pro- 
vided, that no other institution of a character similar to any one of 
those located by this article shall be established or maintained with- 
out a revision of this constitution. 



GENERAL SCHOOL LAWS 

OF THE 

STATE OF NORTH DAKOTA 

FROM THE REVISED CODES OF 1905 
AND LAWS OF 1907 



CHAPTER 9, POLITICAL CODE. 

Article 1. — Superintendent of Public Instruc- 
tion. 

Sec. 747. QUALIFICATIONS OF, TERM OF 
OFFICE. — There shall be elected by the qualified 
electors of the state at the time of choosing members 
of the legislative assembly, a superintendent of public 
instruction, who shall have attained the age of twenty- 
five years and who shall have the qualifications of an 
elector for that office, and be the holder of a state 
certificate of the highest grade, issued in this stat^, 
or a graduate of some reputable university, college - • 
normal school. He shall hold his office at the seat of 
government for the term ot two years commencing 
on the first Monday in January following his election 
and until his successor is elected and qualified. 

Sec. 748. TO PRESERVE MISCELLANEOUS 
DOCUMENTS.— He shall preserve in his office all 
books, maps, charts, works on education, school reports 
and school laws of other states and cities, plans for 
school buildings and other articles of educational inter- 
est and value -which mav come into his possession as 
such officer, and at the expiration of his term he shall 
deliver them rogether with the reports, statements, rec- 
ords and archives of his office to his successor. 

Sec. 749. SUPERVISION OF SCHOOLS.— He 
shall have the general supervision of the public 
schools of the state and shall be ex-officio member of 
the board of university and school lands and of the 
normal school boards of the state. 



Election. 



Qualifications, 



Term 2 years. 



Records 
served. 



pre- 



Powers. 



20 



GENERAL SCHOOL LAWS 



Blanks, etc. 



List of books. 



Traveling 
libraries. 



Appropriation. 



Teachers' ex- 
amination. 



Revoke certifi- 
cates. 



Course of 
study. 



Institute con- 
ductors. 



Course of 
study. 



Sec. 750. TO FURNISH SCHOOL SUPPLIES, 
BLANKS, ETC., AND TO ESTABLISH CIRCU- 
LATING LIBRARIES.— He shall prepare, cause to 
be printed and furnish to the proper officers or persons 
all district clerks' record books and warrant books, 
school treasurers' record books, school registers, re- 
ports, statements, notices and returns needed or re- 
quired to be used in the schools or by the school officers 
of the state. He shall prepare and furnish to school 
officers, through the county superintendents, lists of 
publications approved by him as suitable for district 
libraries ; such lists shall contain also the lowest price 
at which each publication can be purchased and such 
other information relative to the purchase of district 
libraries as he may deem requisite. He shall also select 
and purchase books suitable for district libraries, and 
cause the same to be circulated as traveling libraries 
under such rules and regulations as he may prescribe. 
And for the purpose of selecting and purchasing such 
books there is herebv appropriated the sum of seven 
hundred and fiftv dollars annually, to be paid by war- 
rant of the state auditor on the state treasurer^ upon 
the presentation, of itemized bills in due form, duly ap- 
proved by the superintendent of public instruction. 
(See sec. '822, post.) 

■ Sec. 751. EXAMINATIONS AND TEACHERS' 
CERTIFICATES. — He shall prepare or cause to be 
prepared all questions to be used in the examination of 
applicants for teachers' certificates, prescribe the rules 
and regulations for conducting such examinations and 
issue or revoke state certificates as provided in this 
chapter. 

Sec. 75i3. 'PRESCRIBE COURSE OF STUDY.— 
He shall prepare and prescribe a course of study for all 
the public and normal schools of the state and the 
course of study, training and practice of the profes- 
sional- department of schools, designated and supported 
wholly or in part by the state. 

Sec. 753. RULES FOR TEACHERS' INSTI- 
TUTES. — He shall prescribe rules and regulations for 
the holding of teachers' institutes and teachers' train- 
ing schools, and after counseling and advising with 
county superintendent, shall appoint conductors there- 
for. He shall prescribe the course of instruction for 
teachers' institutes and for teachers' training schools, 
and the course of reading for the teachers' reading cir- 
cles within the state. 



STATE OF NORTH DAKOTA 



21 



Sec. 754. ADVISE COUNTY SUPERINTEND- 
ENTS. — He shall counsel with and advise county su- 
perintendents upon all matters involving the welfare 
of schools and he shall, when requested, give them writ- 
ten answers to all questions concerning the school law. 
He shall decide all appeals from the decision of the 
county superintendents, and may for such decisions 
require affidavits, verified statements or sworn testi- 
mony as to the facts in issue. He shall prescribe and 
cause to be enforced rules of practice and regulations 
pertaining to the hearing and determination of ap- 
peals, and necessary for carrying into effect the school 
laws of the state. 



Sec. 755. RECORD OF OFFICIAL ACTS.— He 
shall keep a complete record of all his official acts and 
shall file in his office all appeals and the papers pertain- 
ing thereto. 

. Sec. 756. SCHOOL LAWS TO BE PRINTED. 
— He shall at least once in two years cause to be printed 
the school laws of the state^ with such notes and de- 
cisions thereon as may seem to him advisable, and shall 
furnish them as they are needed to the school officers 
in the state. 

Sec. 757. CONFERENCE WITH COUNTY SU- 
PERINTENDENTS.— He shall meet the county su- 
perintendents of each judicial district or of two or 
more districts combined at such time and place as he 
shall appoint, giving them due notice of such meeting. 
The objects of such meeting shall be to accumulate 
valuable facts relative to schools, to compare views, 
to discuss principles, to hear discussions, and sugges- 
tions relative to the examinations and qualifications of 
teachers, methods of instruction, text books, institutes, 
visitation of schools and other matters relating to the 
public schools. 

Sec. 758. SEAL. — He shall provide and keep a seal 
by which all his official acts may be authenticated. 

Sec. 759. TO ASSIST AT TEACHERS' INSTI- 
TUTES. — He shall when practicable, attend and assist 
at teachers' institutes and aid and encourage generally 
teachers in Qualifying themselves for the successful 
discharge of their duties ; he shall labor faithfully in 
all practicable ways for the welfare of the public schools 
of the state, and shall perform such other duties as 
shall be required of him by law. 



Advise on 
school laws. 



Decide ap- 
peals. 



Practice. 



Official rec- 
ords. 



School laws 
and decisions. 



By judicial 
districts. 



Objects. 



Seal. 



Labor for wel- 
fare of public 
schools. 



22 



GENERAL SCHOOL LAWS 



Sec. 760. BIENNIAL REPORT, WHAT TO 
CONTAIN. — He shall, on or before the first day of 
November preceding the biennial session of the legis- 
lative assembly, make and transmit to the governor a 
report showing 

1. The number of school districts, schools, teachers 
employed and pupils taught therein and the attendance 
of pupils and studies pursued by them. 

2. The financial condition of the schools, their re- 
ceipts and expenditures, value of school houses and 
property, cost of tuition and wages of teachers. 

3. The condition, educational and financial, of the 
normal and higher institutions connected with the 
school system of the state and as far as it can be ascer- 
tained, of the private schools, academies and colleges 
in the state. 

4. Such general matters, information and recom- 
mendations relating to the educational interests of the 
state, as he may deem important. 

Sec. Wl. REPORTS TO BE PRINTED.— Two 
thousand copies of the report of the superintendent of 
public instruction shall be printed biennially in the 
month of December preceding the session of the legis- 
lative assembl3^ One copy hall be furnished to each 
of the members of the legislative assembly, one copy to 
each county superintendent of the state, one copy to the 
president of each school board, one copy to each state 
officer, one copy to each state and territorial superin- 
tendent, and tv/enty copies shall be filed in the office of 
the superintendent of public instruction and ten copies 
in the state library. The remaining copies shall be dis- 
tributed among the various colleges, universities and 
other libraries of the United States. 



Report, when 



Contents: 



Number of 
schools, etc. 



Financial. 



Condition of 
schools. 



General in- 
formation. 



2000 copies 
printed. 



Distribution. 



Scliool Laws to 
be revised by 
attorney gener- 
al and gover- 
nor. 



CHAPTER 102, SESSION LAWS OF 1907. 

§ 1. GOVERNOR AND ATTORNEY GEN- 
ERAL COMPILE. MAKE RPORT.— Acting un- 
der the supervision of the governor, the attorney gen- 
eral shall revise, compile, arrange, simplify and classify 
the school laws of this state which may be in force 
on the first day of July, 1907. The laws so compiled 
shall be comprehensive!}^ and accurate!}^ indexed, pre- 
faced with a general table of contents and shall have 
brief and comprehensive annotations. The said attor- 
ney general and governor shall report to the next ses- 
sion of the legislative assembly any contradictions, 
inconsistencies and omissions found in the existing 



STATE OF NORTH DAKOTA 



23 



Report to legis- 
lature. 



laws and shall draft and report to that session of the 
said legislative assembly such school laws as, in their 
judgment, would be of use and benefit to the state, 
for the information, assistance and action of said legis- 
latiA^e assembly. 

§ 2. COMPILATION TO BE ACTED UPON 
BY THE LEGISLATIVE ASSEMBLY.— When the 
revision, compilation and report is made to the legis- 
lature, a bill, embodying such revision, compilation and 
report shall be introduced into the legislature, and 
upon its passage and approval by the governor the 
laws contained in such revision and compilation shall 
thereafter constitute the school laws for the state of 
North Dakota, and upon the issuance of a proclamation 
by the governor, said school laws shall take effect and 
thereafter be in force and be received as evidence of 
the school laws of this state in all courts thereof. 

Sec. 762. PUBLICATION OF PROCEEDINGS 
OF EDUCATIONAL ASSOCIATION.— The state 
superintendent of public instruction is hereby au- 
thorized and required to publish annually, as public 
matter, two thousand five hundred copies of the 
proceedings of the North Dakota Educational associa- 
tion, the same to be distributed throughout the state by 
the department of public instruction; provided, that 
a copy of the proceedings of said association shall 
be filed by the secretary or other officer of said asso- 
ciation with the superintendent of public instruc- 
tion, on or before the first day of February of each 
year. 

Sec. 763. SALARY, TRAVELING EXPENSES. 
— ^He shall receive an annual salary of two thousand Salary, 
dollars and in addition thereto his actual and necessary 
traveling expenses incurred in the discharge of his offi- 
cial duties, not exceeding one thousand dollars in any 
one year, such expenses to be paid monthly on the war- 
rant of the stit? auditor upon his filing with such au- 
ditor an itemized statement of such expenses properly 
verified. 



Publish pro- 
'ceedings of 
Elducational 
Association. 



Distribution. 



Traveling ex- 
penses. 



Article 2. — County Superintendent of Schools. 

Sec. 764. ELECTION, TERM OF OFFICE.— 
There shall be elected in each organized county, at the 
same time other county officers are elected, a county 
superintendent of schools, whose term of office shall be 
two years, commencing on the first Monday in Janu- 
ary following his election, and until his successor is 
elected and qualified. Any voter residing in an inde- 



Eleetlon. 



Term — 2 yrs. 



24 



GENERAL SCHOOL LAWS 



Vote— who 
may not. 



General over- 
sight. 

Exception. 



Shall visit 
schools. 



Advise teach- 
ers. 



Keep records. 



General duties 



Convene 
teachers. 



Object. 



Teachers shall 
attend. 



pendent school district, organized under a special act, 
having a board of education and city superintendent 
of schools, shall not be qualified to vote for county su- 
perintendent of schools. 

Sec. 76'5. GENERAL DUTIES.— The county su- 
perintendent of schools shall have the general superin- 
tendence of the public schools in his county, except 
those in cities which are organized under special lav/ 
and those in special or independent school districts. 

Sec. '7m. VISITATION OF SCHOOLS.— He 
shall visit each public school under his supervision. 
He shall at such visit carefully observe the condition of 
the school, the mental and moral instruction given, the 
methods of teaching employed by the teacher, the teach- 
er's ability and the progress of the pupils. He shall ad- 
vise and direct the teacher in regard to the instruction, 
classification, government and discipline of tho school 
and the course of study. He shall keep a record of 
such visits and by memoranda indicate his judgment 
of the teacher's ability to teach and govern and the 
condition and progress of the school, which shall be 
open to inspection by any school director. 

Sec. 767. GENERAL DUTIES.— He shall carry 
into effect all instructions of the superintendent of pub- 
lic instruction given within his authority. He shall 
distribute to the proper officers and to teachers all 
blanks furnished him by such superintendent, and 
needed by such officers and teachers. Acting under 
the instructions of the superintendent of public instruc- 
tion, he shall, when expedient, convene the teachers 
of his county at least one Saturday in each month dur- 
ing which the public schools are in progress, or if the 
distance is too great he may convene the teachers of 
two or more districts in each of the several portions of 
his county in county or district institutes, or teachers' 
circles, for norn->al instruction and the study of methods 
of teaching, organizing, classifying and governing 
schools, and foi such other instruction as may be set 
forth in the course of reading prescribed by the super- 
intendent of public instruction for the state teachers* 
reading circle. Each teacher shall attend the full ses- 
sion of such institute or circle and participate in the 
duties and exercises thereof or forfeit one day's wages 
for each day's absence therefrom, unless such absence 
is occasioned by sickness of the teacher or others to 
whom his attention is due ; but when, on account of dis- 
tance or otherwise, it would impose a hardship upon 



STATE OF NORTH DAKOTA 



25 



any teacher to attend, or would cause such teacher to 
neglect his school, the countv superintendent may ex- 
cuse such teacher from attendance. 



Sec. 7'68. RECORD OF OFFICIAL ACTS.— He 
shall keep a record of all his official acts, and shall pre- 
serve all books, maps, charts and apparatus sent him as 
a school officer, or belonging- to his office. He shall 
file all reports and statements from teachers and school 
boards and shall turn them over to his successor in 
office. He shall be provided with a seal by which his 
official acts may be authenticated. 

Sec. 769. MEETINGS WITH SCHOOL OFFI- 
CERS. — He may arrange for meetings with school 
officers at designated times and places, due notice of 
which has been given, for the purpose of inspecting the 
district records and instructing in the manner of keep- 
ing the same, and of preparing the reports of district 
officers. He shall visit the officers of the several 
school districts as often as may be necessary to secure 
the correct keeping of the records. He shall, on or 
before the first day of April of each year, prepare and 
furnish to the several assessors of the county a correct 
sectional map of their respective districts, showing the 
boundaries and names or numbers of all school dis- 
tricts therein : provided, also, that in counties having 
the district system, he may convene the members and 
clerks of the school boards in his county, or such rep- 
resentatives of the school officers of each district as the 
president or members of the school boards may ap- 
point, in case he or they cannot attend personally, for 
the purpose of discussing plans and methods for the 
improvement and general care of the schools ; pro- 
vided, further, that such general meeting shall not 
occur more than once in each year. 

Sec. 770. TO DECIDE QUESTIONS IN CON- 
TROVERSY.— He shall decide all matters in contro- 
versy arising in his county in the administration of the 
school law or appealed to him from the decisions of 
school officers or boards. An appeal may be taken 
from his decision to the superintendent of public in- 
struction, in which case a full written statement of the 
facts, together vv^ith the testimony and his decision m 
the case shall bo certified to the superintendent of pub- 
lic instruction tor his decision in the matter, which de- 
cision shall be final, subject to adjudication or the 
proper legal remedies in the courts. 



Excused — 

when. 



Keep official 
records. 



File reports. 
Seal. 



Instruct offi- 
cers in record 
keeping. 



Furnish as- 
sessors with 
plats. 



Meet officers 
to discuss 
general wel- 
fare ofschools 



Decides ques- 
tions of school 
law. 



Appeal to the 

state superin- 
tendent— How 
talien. 



26 



GENERAL SCHOOL LAWS 



May adminis- 
ter oaths In 
school matters 



Institute fund 



Use of. 



Apportion 
state funds. 



Sec. 771. POWER TO ADMINISTER OATHS. 
— He shall have power to administer oaths of office to 
all subordinate school officers, and to witnesses and to 
examine them under oath in all controversies pending 
before him arising in the administration of the school 
laws ; but he shall not receive pay for administering 
such oaths. 

Sec. 772. INSTITUTE FUND, HOW RAISED 
AND USED. — All funds received by him for the ex- 
ammation of teachers shall be turned over to the 
county treasurer, who shall keep the same as a special 
fund to be known as the "Institute Fund," and which 
shall be used only for the expenses of holding county 
teachers' institutes, or supporting teachers' training 
-schools, to be paid out upon proper warrants issued 
by the county auditor upon the sworn and itemized 
voucher of the county superintendent. 

Sec. 773. APPORTIONMENT OF STATE TUI- 
TION FUND. — He shall make apportionment of the 
state tuition fund among the school corporations of the 
county, as provided in this chapter. 

Sec. 774. TEACHER'S CERTIFICATE MAY 
BE REVOKED, WHEN.— He shall see to it that 
the pupils are instructed in the several branches of 
study required by law to be taught in the schools, 
as far as they are qualified to pursue them. If any 
teacher neglects or refuses to give instruction as 
required by law in physiology and hygiene and the 
nature and effect of alcoholic drinks and other nar- 
cotics, the county superintendent shall promptly re- 
voke such teacher's certificate and cause him to be 
discharged. If the teacher so neglecting or refusing 
to give instruction in said branches holds a state cer- 
tificate the county superintendent shall immediately 
certify such refusal or neglect to the state superin- 
tendent of public instruction. (See organic law, 
ante. ) ■ ' 

Sec. 775. REPORT TO STATE SUPERIN- 
TENDENT. — He shall, on or before the fifteenth day 
of September in each year, make and transmit a report 
to the superintendent of public instruction, containing 
such statistics, items and statements relative to the 
schools of the county, as may be required by such super- 
intendent. Such report shall be made upon and con- 
form to the blanks furnished by the superintendent of 
public instruction for that purpose. He shall not be 
paid his salary for the last quarter of his official year 



May revoke 
teacher's cer- 
tificates — 
when. 



Annual report 



STATE OF NORTH DAKOTA 



27 



until he presents to the county commissioners the re- 
ceipts of the superintendent of pubHc instruction for 
such annual report. 



Salary 
held. 



with- 



Sec. 776. OFFICE, POSTAGE AND STATION- 
ERY. — He may provide for himself a suitable office 
for the transaction of official business when not pro- 
vided therewith bv the county commissioners, and such 
commissioners shall audit and pay his reasonable ac- 
counts for the use and furniture of such office. They 
shall also furnish him with all necessary books, station- 
ery and postage. 

Sec. 777. SALARY. DEPUTY. TRAVEL- 
ING EXPENSES.— The salarv of the county super- 
intendent of schools shall be as follows : In each 
county having one school and not over five, one hun- 
dred and fifty dollars ; six schools and not over ten, 
three hundred dollars ; eleven schools and not over 
fifteen, four hundred dollars ; sixteen schools and not 
over twenty, five hundred dollars ; twenty-one schools 
and not over twenty-five, six hundred dollars ; twenty- 
six schools and not over thirty, seven hundred dollars ; 
thirty-one schools and not over thirty-five, eight hun- 
dred dollars ; thirty-six schools and not over forty, nine 
hundred dollars ; forty-one schools and not over fifty, 
one thousand dollars ; and for each additional school 
ten dollars additional ; provided, that in computing the 
salary of such superintendent no salary shall be in- 
cluded unless the same shall have been taught at least 
four months during the preceding school year; pro- 
vided, further, that such salary shall not exceed one 
thousand five hundred dollars in any county where the 
number of schools does not exceed one hundred thirty, 
and in counties where the number of schools exceeds 
one hundred thirty, the county superintendent shall 
be allowed in computing such salary five dollars addi- 
tional for each school above one hundred thirty; pro- 
vided, always, that such salary shall in no case exceed 
two thousand dollars. In addition thereto he shall 
receive ten cents a mile for the distance actually and 
necessarily traveled by him in the discharge of his 
duties. He shall at the end of every three months 
make and furnish to the conuty commissioners an 
itemized statement, subscribed and sworn to, of the 
distance so traveled in the discharge of his duties, 
which shall be audited and ordered paid by the board 
of county commissioners. The amount of his salary 
and the appropriation for deputy shall be determined 



Office rent, 
postage, etc., 
paid by coun- 
ty. 



Salary. 



Amount— How 
determined. 



Mileage. 



28 



GENERAL SCHOOL LAWS 



each year by the actual number of schools or separate 
departments in graded and high schools over which 
said superintendent had official supervision during the 
preceding year and the same shall be paid out of the 
county general fund, monthly, upon the warrant of 
the county auditor ; provided, that whenever the num- 
ber of schools in a county is diminished by reason of 
the consolidation of schools or other provision for the 
instruction of pupils in any district or districts, the 
same number of schools shall be counted for such dis- 
trict or districts in computing the salary of the county 
superintendent as existed before said consolidation or 
other provision until such time as the number of 
separate departments in the general school or schools 
Salaries in new provided for the pupils of vacated schools shall equal 
the number of original schools vacated. In each 
county which shall be organized for school purposes 
after the adoption of this code the county superintend- 
ent shah be paid a salary at the rate of one hundred 
dollars a year until the first Monday in January next 
following his election, after which his salary shall be 
as provided for in this section. In counties having 
fifty or more schools, the county superintendent may 
appoint a deputy for whose acts as such he shall be 
responsible, which deputv shall be entitled to a salary 
equal to fifty per cent of the county superintendent's 
salary ; provided, further, that in counties having a 
population of thirty thousand or more the county super- 
Deputy, intendent shall be allowed one deputy for each one 
hundred schools or major fraction thereof, under the 
supervision of said superintendent. Such deputies shall 
each receive the salary specified in the preceding para- 
graph of this section. 



Must hold 
state cer- 
tificate 



Must hold 
first grade 
certificate. 



Sec. 778. (Amended.) QUALIFICATIONS OF. 
— No person shall be deemed qualified for the office 
of county superintendent in any county where the 
salary is one thousand dollars or more per year, who 
is not a graduate of some reputable normal school or 
higher institution of learning, or does not hold a state 
certificate of the first class or a life professional cer- 
tificate, and who has not had at least two years' suc- 
cessful experience in teaching, one year of which shall 
have been in this state. No person shall be deemed 
qualified for the office of county superintendent in 
counties where the salary is less than one thousand 
dollars per year unless he holds a certificate of the 
highest county grade or its equivalent. 



STATE OF NORTH DAKOTA 



29 



Not to teach. 



Not to have 
other business 
or be absent 
from county. 



Sec. 779. SHALL NOT ENGAGE IN TEACH- 
ING. — No county superintendent of schools, except as 
hereinafter provided, shall engage in teaching during 
the term for which he was elected, nor shall any person 
under contract to teach be qualified to hold the office 
of county superintendent of schools. 

Sec. 780. SHALL NOT ABSENT HIMSELF 
FROM COUNTY.— No county superintendent of 
schools shall engage in any profession or occupation, 
nor shall he absent himself from the county or district 
for which he is elected to engage in any occupation, 
profession or pursuit during the term for which he is 
elected for such time and in such manner as to inter- 
fere with the proper discharge of his duties as county 
superintendent of schools. 

Sec. 781. SUBJECT TO REMOVAL.— Any coun- 
ty superintendent of schools who neglects or violates 
any of the provisions of sections 779 and 780 shall be 
subject to removal from office. 

Sec. 782. NOT APPLICABLE IN EVERY 
COUNTY. — None of the pirovisions of sections 779 
and 780 shall be applicable to counties in which the 
salary of county superintendents of schools is less than 
one thousand dollars per annum. 



May be re- 
moved—when 



Not unless sal- 
ary Is less 
than $1,000 



Article 3. — Free "Public Schools. 

Sec. 783. The state university and school of mines 
at Grand Forks, the agricultural college at Fargo, the 
state normal schools at Valley City and Mayville, the 
deaf and dumb asylum at Devils Lake, the industrial 
school and school of manual training at Ellendale, a 
scientific school at Wahpeton, the school of forestry 
at Bottineau, and all other schools heretofore estab- 
lished by law and maintained by taxation constitute the 
svstem of free public schools of the state. {See sec. 
ilfl, Const.) 

Article 4. — School Districts. 

Sec. 784. WHAT CONSTITUTES A SCHOOL 
CORPORATION.— Each civil township in the state, 
not organized for school purposes under the district 
system at the taking effect of this code, shall be and 
is hereby constituted a distinct school corporation, 
and whenever in any county a civil township shall 
hereafter be organized it shall from and after such or- 
ganization be and constitute a distinct school corpora- 
tion, except as otherwise specially provided in this 
chapter. (Appendix C. — VI, 2, a.) 



Free public 
schools. 



School corpor- 
ations — what 
constitutes. 



30 



■GENERAL SCHOOL LAWS 



To conform to 
civil township. 



Sec. 785. SCHOOL TOWNSHIP TO CON- 
FORM TO CIVIL TOWNSHIP WHEN POS- 
SIBLE. — Each school township in every county in the 
state, which at the taking effect of this code consists 
of territory not organized into a civil township, shall 
be and remain a distinct school corporation ; provided, 
that whenever such school township, or any part there- 
of, shall be organized into or annexed to a civil town- 
ship, such civil township shall thenceforth constitute 
a distinct school corporation ; but nothing in this section 
shall be construed to alter the boundary lines of any 
school township organized prior to the passage of this 
code, except upon petition as hereinafter provided. 
(Appendix C. — VI, 2, a.) 

Sec. 786. WHAT TERRITORY MAY BE OR- 
GANIZED INTO DISTRICT SCHOOL CORPOR- 
ATIONS. — The county commissioners of each county 
not organized for school purposes under the district 
school system at the taking effect of this code, shall 
organize into a district school corporation any terri- 
tory not, at the taking effect of this code, already or- 
ganized into a civil township or a school township 
upon being petitioned so to do by one-third of the resi- 
dents of such territory, having the care and custody 
of any child of school age ; provided, such territory 
shall consist of not less than one congressional town- 
ship, having at least eight thousand dollars in taxable 
property and at least ten children of school age resid- 
ing therein. The county commissioners of every such 
county, with the advice and consent of the county 
superintendent, may rearrange the boundaries in any 
school corporation whose territory is not included 
within a civil township, when petitioned so to do 
by a majority of the voters residing within such school 
corporation, whose boundaries will be affected thereby, 
subject to the same restrictions and conditions as to 
extent of territory, value of taxable property and num- 
ber of resident children of school age as in the organi- 
zation of a school corporation from territory not in- 
cluded in a civil township. In the formation of school 
corporations and the rearrangement of their boundar- 
ies as provided for in this section, the boundary lines 
of congressional townships shall be followed as far 
as possible on school corporation lines. (Appendix C. 
-VI, 2, f.) 

Sec. 787. NEW SCHOOL DISTRICTS, HOW 
FORMED. — In any county hereafter or- 
ganized the county commissioners shall so divide the 



Duty of county 
commissioners. 



Petition. 



Conditions. 



County com- 
missioners may 
re-arrange ter- 
ititory — when. 



Boundaries. 



STATE OF NORTH DAKOTA 



31 



New districts 
—on what con- 
ditions formed. 



District divid- 
ed by natural 
obstacle. 



county or the parts thereof, which include every con- 
gressional township in such county which has residing 
therein not less than ten children of school age, into 
school corporations as will best promote the perma- 
nent interests of public schools in the county, upon the 
same petition and subject to the same conditions and 
restrictions as are contained in section 786. 

Sec. 788. {Amended.)— N^Yi-E-N SCHOOL COR- 
PORATIONS MAY BE DIVIDED AND AT- 
TACHED TO OTHER DISTRICTS— If a portion 
of any such school corporation having not more than 
ten children of school age residing therein is separated 
from the other portion of such corporation by any 
natural obstacle which practically prevents such chil- 
dren from attending school in such other portion, the 
county commissioners of the county may annex such 
portion so separated to an adjoining school corpora- 
tion, and the portion so annexed shall constitute a 
part of such adjacent corporation. If such adjacent 
corporation lies in another county, the county com- 
missioners of the two counties may jointly make such 
annexation; provided, that whenever portions of a 
school corporation lie in different civil townships there 
may be created therefrom two or more distinct school 
corporations, when in the judgment of such commis- 
sioners and superintendent, such change can be made 
without detriment to the schools or to the pupils there- 
in, and the divison can be m.ade by following the 
boundary line or lines of congressional townships, 
or the meander lines of the government survey. 

Sec. 789. ANNEXATION OF SCHOOL COR- 
PORATIONS. — In any county not organized for 
school purposes under the district system at the taking 
effect of this code, if a town or village not organized 
into a special district is divided by a civil township 
line or if such town or village is divided by any coun- 
ty line, the county commissioners of such county, or 
the county commissioners of such adjacent counties 
acting in joint session, as the case may be, may when 
petitioned so co do by a majority of the voters of each 
part of said town or village, annex one part of such 
town or village to the adjacent school corporation 
which includes the other part of such town or village 
and the part so annexed shall constitute a portion of 
such adjacent corporation. 

Sec. 790. WHEN CIVIL TOW^NSHIPS MAY 
CONSOLIDATE INTO SCHOOL DISTRICT.— 
In any county not organized for school purposes un- 



Territory in 
two counties — 
how divided. 



Town or vil- 
lage divided by 
county line — 
procedure. 



32 



GENERAL SCHOOL LAWS 



fractional 
township con- 
solidated witli 
adjacent dis- 
trict, when. 



Name of school 
district. 



School district 
numbered. 



Old numbers 
retained. 



Re-arrange- 
ment under 
this code. 



der the district system at the taking effect of this 
code, if a civil township having less than fifteen per- 
sons of school age residing theren, by reason of the 
irregular course of natural boundary, contains less 
than twelve sections or square miles of territory, it 
shall constitute a portion of the adjacent school dis- 
trict with which it has the longest common boundary 
line. 

Sec. 791. SCHOOL DISTRICTS, HOW NAMED 
— Each school corporation constituted or formed 
under the provisions of this article, shall be designated 
a school district as distinguished from a^ civil town- 
ship or congressional township and -shall be named as 
follows : Eacli school district which consists of a civil 

township shall be named " school district 

of county, state of North Dakota," with 

the name of ihe civil township which constitutes the 
districts inserted in the blank before the word "school," 
and the name of the county in which it is situated in- 
serted before \he word "county." Each school dis- 
trict which consists of territory not organized into a 
civil township, but which has been named by a dis- 
tinctive name shall have such distinctive name inserted 
in the blank before the word "school." Each school 
district consisting of territory not organized into a 
civil township which has no distinctive name shall be 

named "school district No of county, 

state of North Dakota," with its proper number in- 
serted in the blank after the word "number,'' and the 
proper name of the county inserted in the blank before 
the word "county;" provided, that in each county 
organized for school purposes under the district sys- 
tem at the taking effect of this code, the several school 
districts shall retain and be known by the number 
which they have respectively at the time of the taking 
effect of this code and any school district hereafter 
formed in any such county shall be known by the num- 
ber next higher than that of the highest pre-existing 
numbered district. 

Sec. 793. WHEN BOUNDARIES TO BE RE- 
ARRANGED AND ESTABLISHED AND HOW. 
■ — The county commissioners and county superintend- 
ent of schools in each county, which at the taking 
effect of this code is organized for school purposes un- 
der the district system, shall meet on the first Monday 
in May, A. D. 1896, at the place where the meetings of 
such commissioners are usually held and shall rear- 



STATE OF NORTH DAKOTA 



33 



Civil township 
a single dist- 
trict. 



Congressional 
township, 



Partly organ- 
ized territory. 



range and establish the boundaries of the several school 
districts of the county unless the same has already 
been done, as follows : 

1. Each civil township in a county, no part of 
which is included in a school district already organ- 
ized, shall be formed into a single school district. 

2. Each congressional township in the county, no 
part of which is included in a civil township nor in an 
organized school district, if it contains twelve or more 
persons of school age, shall be formed into a single 
school district. 

3. All territory in a county situated in a civil town- 
ship, part of which is organized into a school district, 
or situated in a congressional township not included 
in a civil township, and a portion of which is organized 
into a school district shall be annexed to and form 
part of the organized school district lying wholly or 
in part in such civil or congressional township. 

4. Each school district now organized which has 
less than ten persons of school age residing therein 
shall be annexed to and form a part of such adjacent 
school district as shall be most convenient for such 
persons of school age, when in the judgment of such 
commissioners and superintendent such annexation can 
be made without detriment to the school or to the pupils 
residing in such district. 

5. The boundary lines of each school district which 
lies partly within two or more civil townships shall 
be so changed that such school district shall lie wholly 
within one civil township, so far as in the judgment 
of such commissioners and superintendent such change 
can be made without detriment to the schools or to 
the pupils therein. 

6. Such commissioners and superintendent shall 
make such changes generally in the boundary lines of 
the school districts of the county, not in their judg- 
ment detrimental to the interests of the schools of the 
county as will reduce the number of school districts 
in the county, and form school districts not extending 
beyond the boundaries of the civil township. (See 
Sec. 786.) 



Districts to be 
consolidated — 
when. 



Boundaries 
changed— when 



General 
changes. 



Sec. 793. {Amended.) BOUNDARIES, HOW 
CHANGED IN FUTURE.— After the boundary lines 
of the several school districts of any of 
the counties of this state are re-arranged and 
established as provided for in the last preceding sec- 
tion of this article, such boundary may be changed or 



Future 
changes in 
boundaries. 



School Laws-i-3 



34 



GENERAL SCHOOL LAWS 



!New district 
formed 



District may 
sue; be sued; 
contract; hold 
property. 



Plats of school 
districts, coun- 
ty auditor 
shall furnish. 



re-arranged by the county commissioners and the super- 
intendent of schools at any regular session, and if 
a town or village, not organized into a special district 
and containing twelve or more persons of school age 
is divided by the line of a civil or congressional town- 
ship or is partly in two or more districts, such town 
or village with adjacent territory in both or all of the 
districts in which it is situated not exceeding ten square 
miles in extent and not at any point more than three 
miles distant from said town or village may be formed 
into a new and separate district, if in the judgment 
of the commissioners and superintendent such a change 
or the formation of such new district is for the best 
interests of the schools. Any change or re-arrange- 
ment of boundaries may be made or new district formed 
as hereinbefore provided for upon petition signed 
by one-third of the voters residing in each district 
whose boundaries will be affected by such change or 
re-arrangement and by three-fourths of the voters 
resident in the parts of districts to be included in any 
new district formed' under the provisions of this sec- 
tion ; provided, that each congressional township not 
whollv or in part included in a civil township, and 
no part of which is organized for school purposes, shall 
be formed into a school district as soon as it shall have 
residing therein twelve or more children of school age. 
{See Appendix C. — VI, 2, a; also Appendix D. — 
Note 8.) 

Sec. 794. RIGHTS AND POWERS OF 
SCHOOL CORPORATIONS.— Each school district 
constituted and formed as provided in this article shall 
be a distinct corporation, and under its proper name 
or number as such corporation, may sue and be sued, 
contract and be contracted with, and may acquire, pur- 
chase, hold and use personal or real property for school 
purposes or for the purposes mentioned in this chap- 
ter and sell and dispose of the same. 

Sec. 795. PLATS OF SCHOOL DISTRICTS 
TO BE FURNISHED BY COUNTY AUDITOR. 
—The county auditor shall within thirty days after the 
first school election held as provided herein, transmit 
to the state auditor, to the superintendent of public 
instruction and to the county superintendent, a plat of 
the county, showing the boundaries and name of each 
school corporation therein, and shall record a copy of 
the same, together with all proceedings of the county 
board had and done under this chapter in a proper 



STATE OF NORTH DAKOTA 



35 



book kept for that purpose. He shall promptly fur- 
nish such officers with a correct plat showing any 
changes at any time in the boundaries of school cor- 
porations. The superintendent of public instruction 
shall furnish instructions for the suitable preparation 
and construction of such plats in regard to scale and 
markings, in order to secure a uniform series of maps 
for binding for office use. 

Sec. 796. LEGALIZING IRREGULARITIES. 
— All school districts, whether duly and legally organ- 
ized under the provisions of statutes or not, which 
for the eight years last past have had a defacto or- 
ganization, are hereby declared to be legally organized 
and are authorized to exercise all the functions of 
school districts which have been duly and legally or- 
ganized as provided by statute, with the boundaries 
which they may have at the time of the going into 
effect of this article^ and all contracts or obligations 
of said districts, and the acts of the officials thereof, 
are hereby ratified and confirmed in so far as to 
give them the same validity which they would have 
had if said districts had been legally organized. 



Specifications 
to be furnished 
by state sup- 
erintendent. 



District irreg- 
ularly organ- 
ized 8 years 
recognized as 
regular. 



Contracts of 
such districts 
ratified. 



Article ,5. — Election of School Officers. 

Sec. 797. (Amended.) OFFICERS TO BE 
ELECTED. — On the first Tuesday in June of each 
year there shall be elected one school director for the 
term of three years and on the first Tuesday in June 
of each even numbered year a school treasurer for the 
term of two years. Such officers shall hold their re- 
spective offices from the second Tuesday in July fol- 
lowing their election for the number of years respec- 
tively for which they were elected, and until their suc- 
cessors are elected and qualified. At the first election 
for the organization of a new school district there shall 
be elected at large for such school district three direct- 
ors, one to serve until the first annual election, one to 
serve until the second annual election, and one to serve 
until the third annual election thereafter and a school 
treasurer to serve until the annual election in the next 
even numbered year and until his successor is elected 
and qualified. (See Appendix D. — Note p.) 

Sec. 798. POLLING PLACES, HOW ESTAB- 
LISHED. APPOINTMENT OF ELECTION OF- 
FICERS. — The county superintendent in each coun- 
ty shall, at least twenty days prior to the first elec- 
tion in the new district, fix and designate some polling 



School officers 
elected— when 



Term. 



In new district 



County super- 
intendent to 
fix polling 
places and ap- 
point election 
officers. 



36 



GENERAL SCHOOL LAWS 



Bhall notify 
election boards 
and furnish 
election blanks 



Notices of 
election. 



Other duties. 



place in each school district so located as to be con- 
venient for the voters of such district, and shall ap- 
point two persons to act as judges and two to act as 
clerks of the election of such school officers; such 
judges and clerks shall be qualified voters in their 
respective districts. The county superintendent shall 
notify in writing such judges and clerks of their ap- 
pointment, and of the place fixed and designated as 
the polling place in their respective districts, and shall 
furnish them with the necessary blanks and poll books 
for such election. He shall also furnish one of such 
clerks with three notices of such election specifying 
the time and place at which such election is to be held, 
the officers to be elected and term of each, which 
notices such clerk shall post in three of the most 
public places in the district at least ten days prior to 
such election. The county superintendent shall fix 
the date and perform such other duties as devolve 
upon him by the provisions of this section for the 
first election in any school district hereafter formed 
under the provisions of this chapter, and such election 
shall be called by the county superintendent within 
thirty days after the formation of such school district. 

Sec. 799. WHO QUALIFIED TO VOTE OR 
HOLD OFFICE. — At any election of school officers 
in any school corporation in this state all persons who 
are qualified electors under the general laws of the 
state and all women twenty-one years of age having 
the necessary qualifications as to citizenship and resi- 
dence required of male voters bv law, shall be qualified 
voters and shall be eligible to the office of county 
superintendent of scixools, school directc/ or member 
of the board of education or school treasurer, or may 
be judge or clerk of such election.; provided, however, 
that the countv superintendent must possess the educa- 
tional qualifications named in section 778 of the 
revised codes of 1905. 

Sec. 800. HOURS POLLS OPEN.— At all elec- 
tions for school district officers, the polls shall be 
opened at two o'clock p. m. and closed at five o'clock 
p. m. 

Sec. 801. (Amended.) NOTICE OF ANNUAL 
ELECTION.— At least fifteen days before the first 
Tuesday in June of each year the district school board 
of each school district shall designate one polling place 
as convenient as possible to the voters of such district 
at which such annual election shall be held, and shall 
cause notice of such election to be posted in at least 



Who may vote 



Polls open — 
hours. 



Annual elec- 
tion — notice of. 



STATE OF NORTH DAKOTA 



37 



three o£ the most public and conspicuous places within 
the district. Such notices shall be signed by the clerk 
or in his absence by the president of the district school 
board, and shall state the time and place of holding 
such election and the officers to be elected and their 
term of office, and shall be substantially in the fol- 
lowing form: 

Notice is hereby given that on Tuesday the 

day of June, A. D an election will be 

held at (here insert polling place) 

for the purpose of electing (here insert 

officers to be elected and term each is to serve) for 

school district No or for (here 

insert name of school district.) The polls will be 
opened at two o'clock P. M. and closed at five o'clock 
P. M. of that day. 

By order of school board. 

Signed 

Clerk. 



Form. 



Election board 
— how consti- 
tuted. 



Vacancy. 



Sec. 802. JUDGE'S OATH.— At such annual elec- 
tion any two of the directors of the school district 
may act as judges and the clerk of the district school 
board and one other person to be chosen by the vot- 
ers present at the opening of the polls, shall act as 
clerks. The voters present at the opening of the polls 
shall choose a person to fill any vacancy caused by the 
absence of either of such officers to act as judge or 
clerk of such election. Before opening the polls each 
of the judges and clerks of election shall take and 
subscribe the following oath or affirmation: "I do 
solemnly swear (or affirm) that I will perform my 
duties as judge or clerk (as the case may be) accord- 
ing to law and the best of my ability." Such oath 
or affirmation may be administered by any officer 
authorized to administer oaths or by either of the 
judges or clerks. Any school officer elected and 
qualified under the provisions of this chapter is author- 
ized and empowered, to administer any oath or affirm- 
ation pertaining in any manner to school offices. 

Sec. 803. ELECTION, HOW CONDUCTED. 
CANVASS OF VOTES.— Such election shall be con- 
ducted and the votes canvassed as provided by law Eiections-con. 
of general elections, except as otherwise provided in 
this chapter. Immediately after the polls are closed 
the judges shall proceed to count and canvass the 
votes for each person voted for at such election for 
any office, and the person receiving the highest num- 



Oath. 



Who may 

minister. 



ad- 



Canvass. 



38 



GENERAL SCHOOL LAWS 



Tie— how de- 
termined. 



ber of votes for the office of director or treasurer 
shall be declared elected. If the election results in a tie 
for any such office the district clerk shall immediately 
notify in writing the parties having received such tie 
votes, and a time shall be agreed upon by the parties, 
within three days after the election, at which the 
election shall be decided in the manner that may be 
agreed upon by the parties, in presence of the judges 
and clerks of election, and a record of the proceed- 
ings shall be made in the records of the district clerk. 
Sec. 804. CERTIFICATES OF ELECTION.— 
The clerk of the school district shall within five days 
after such election furnish each person elected to any 
district office a written notice of his election, and that 
he shall take the oath of office as such officer on or 
before the second Tuesday in July following such 
election. He shall also forward to the county super- 
intendent within ten days after such election, a cer- 
tified list of all the officers elected thereat. 



Clerk shall 
notify person 
elected. 



Also county- 
superintendent 



Official oath. 



School board- 
how consti- 
tuted. 



Quorum. 



Annual meet- 
ing. 



Clerk. 



Meetings. 



Sec. 805. OATH OF OFFICE.— Each person 
elected to the office of school director or treasurer shall 
before entering upon the duties of his office, take and 
subscribe the oath prescribed in section 211 of the 
constitution, which oath shall be filed with the clerk 
of the school district board. 

Article 6. — Organization, AIeetings and Duties 
OF District Officers. 

Sec. 806. DISTRICT SCHOOL BOARD 
QUORUM. — The three school directors in each school 
district shall constitute the district school board. A 
majority of the board shall constitute a quorum and 
the agreement of a majority shall be necessary to the 
validity of any contract entered into by the board. 

Sec. 807. ORGANIZATION. CLERK.— The 
school board shall meet annually on the second Tues- 
day in July and organize by choosing one of the 
members president, and a competent person, not a 
member of the board, clerk, who shall hold his office 
during the pleasure of the board. {See Appendix D 
— Note II.) 

Sec. 808. {Amended.) MEETINGS OF BOARD. 
FEES. — The board shall, on the second Tuesday in 
January, April, July and October of each year, hold 
regular meetings for the transaction of business at 
such hour and place as may be fixed by the board. A 
special meeting may be held upon the call of the presi- 



STATE OF NORTH DAKOTA 



39 



Ings. 



Compensation. 



dent or the other two members. Written notice of the 
time and place of any special meeting shall be given Special meet- 
to each member of the board at least forty-eight hours 
before the time ' of such meeting. Each member of 
the board shall be paid the sum of eight dollars per 
annum, 'less two dollars for each regular meeting which 
he fails to attend ; provided, that in any common 
school district which contains a graded school of three 
or more departments the board shall hold regular meet- 
ings for the transaction of business on the second 
Tuesday of each month at such time and place as may 
be fixed by the board, and in such districts, the mem- 
bers of the board shall receive a compensation of one 
dollar for each meeting attended ; provided, further, 
that in counties having the district system, the presi- 
dent and clerk, and in counties having the township 
system, the members and clerks or such officers as 
such president and • board may appoint to represent 
them shall receive ten cents a mile for the distance 
necessarily traveled in attending general meetings of 
the presidents, members and clerks of school boards 
convened by the county superintendent, and also a 
salary of two dollars, but the total sum of such salary 
and mileage shall not exceed five dollars for each rep- 
resentative in attending any one meeting. 



Sec. 809. (Amended.) DUTIES OF THE 
PRESIDENT. — The president shall preside at all 
meetings of the board, and shall perform such duties 
as usually pertain to such office, and in accordance 
with the customary rules of order. In his absence a 
president pro tempore shall preside. The president 
shall perform such other duties as are prescribed in 
this chapter. It shall also be the duty of the presi- 
dent to attend such general meetings of school officers 
as may be convened by the county superintendent of 
schools. When the president cannot attend such 
meetings personally, he shall appoint some other school 
officer to represent the district at such general meet- 



President- 
duties of. 



Sec. 810. ' DUTIES OF CLERK. COMPENSA- 
TION. — The clerk of the board shall keep an ac- 
curate record of all proceedings of the board, give 
or post all notices, make out all reports and statements 
and perform all other duties required by law or by the 
board. He shall receive such compensation as shall 
be fixed by the board, not less than ten dollars for 



Clerk— duties 

of. 



Compensation. 



40 



GENERAL SiCHOOL LAWS 



Treasurer's 
bond. 



one school and five dollars for each additional school 
in his district; provided, that such salary shall not 
exceed forty dollars in any one year. 

Sec. 811. TREASURER'S BOND, HOW AP- 
PROVED. VACANCY, HOW FILLED.— The 
school treasurer shall, on or before the second Tues- 
day in July following his election and before entering 
upon his duties give a bond to the school district con- 
ditioned for die honest and faithful discharge of his 
duties and that he will render a true account of all 
funds and property that shall come into his hands and 
pay and deliver the same according to law. Such bond 
shall be in such sum as may be fixed by the board, 
but not less than double the sum to come into his 
hands in any one year as nearly as may be ascertain- 
ed, which bond shall be signed by two or more suffi- 
cient sureties to be approved by the school board. 
In case the school board neglects or refuses to approve 
the bond of such treasurer and the sureties thereon, 
such treasurer may present the same to the county 
superintendent and serve notice thereof upon the 
board and due proof of such notice being made to the 
county superintendent, he shall unless good cause for 
delay appears, proceed to hear and determine the suf- 
ficiency of the bond and the sureties thereon, and may 
approve or disapprove the same as the facts warrant. 
In case a vacancy occurs in the office of district treas- 
urer, it shall be the duty of the county treasurer of 
the county wherein such school district is located, upon 
being notified by the county superintendent or clerk 
of such school district that such vacancy exists, to 
perform the duties of treasurer of such school district 
until the vacancy is duly filled. 

Sec. 812. WHEN ADDITIONAL BONDS RE- 
QUIRED — Whenever the amount in the hands of the 
treasurer or subject to his order exceeds two-thirds of 
the penal sum of his bond or when in the judgment of 
the board or of the county superintendent the security 
on such bond is impaired, the board or county super- 
intendent shall require an additional bond. If the 
treasurer fails for twenty days to give such additional 
bond the office shall be declared vacant and the vacancy 
shall be filled as provided by this chapter. 

Sec. 813. SURETY BONDS, PREMIUMS, 
HOW PAID. — That every person hereafter elected to 
the office of district school treasurer within the state 
of North Dakota, be, and is hereby required to give 



Vacancy. 



Additional 
bond— wlien re- 
quired. 



Vacancy on 
failure to give. 



STATE OF NORTH DAKOTA 



41 



Surety com- 
pany bond 
may be re- 
quired. 



Premium to 
be paid by 
district. 



Annual state- 
ment to be 
published. 



No money to 
be paid except 
on warrant. 



an official bond in a penal sum to be fixed by the board 
of directors, which bond shall not be in a less penal 
sum than double the amount of money likely to come 
into his hands in any one year, and such board may 
by resolution require that such bond shall be executed 
by some responsible fidelity or surety company author- 
ized and qualified to do business in the state of North 
Dakota, and subject to approval as provided by law; 
provided, further, if a surety bond is given it shall be 
given for a sum fixed by the board of directors. 
The amount of premiums for such surety or fidelity 
bond shall be audited by the board of directors and 
paid out of the general fund of the district. 

Sec. 814. SCHOOL FUNDS, HOW PAID OUT. 
— The school treasurer shall keep such accounts and 
make such reports as are required of him by law and 
shall publish his annual statement in a newspaper pub- 
lished in the nearest city or town to his district. He 
shall pay no money out of the fujids in his hands 
except upon 'he warrant of the school board, signed by 
the president and countersigned by the clerk. He shall 
pay all warrants properly drawn and signed when pre- 
,sented, if there is any money in his hands or subject 
to his order for their payment. 

Sec. 815. (Amended.) WARRANTS TO BE IN- 
DORSED WHEN NO FUNDS TO PAY.— When 
a warrant is presented to the treasurer for payment 
and there is no money in his hands or subject to his 
order belonging to the proper fund for the payment of 
such warrants, he shall indorse on such warrant "pre- 
sented for payment this day of , 

190. . . ., and not paid for want of funds," and shall 
sign such indorsement. If he has in his hands or sub- 
ject to his order money for the part payment of such 
warrant he shall make such part payment and indorse 
the sum on the warrant and add "balance not paid for 
want of funds," signing the same. He shall keep a 
correct register of all warrants so presented and in- 
dorsed. Each warrant thus presented and indorsed 
shall draw interest on the amount unpaid at a rate 
not to exceed eight per cent per annum from the date 
of such presentation and indorsement until paid ; pro- 
vided, that when there shall come into the hands of 
the treasurer or subject to his order, money applicable 
to the payment of any warrant which has been so pre- 
sented and registered, the treasurer shall notify in writ- 
ing by mail the drawee of such warrant at his last 



Endorsment 
on unpaid 
warrants. 



Interest 8 per 
cent. 



Notice to 
drawee. 



42 



GENERAL SCHOOL LAWS 



Warrants— 
what to speci- 
fy. 



Official oaths 
and bonds— 
where filed. 



known place of residence to present such warrant for 
payment, and interest shall ceaSe upon every such war- 
rant ten days after such notice shall have been sent, 
and such money shall be held for the payment of such 
warrant. 

Sec. 816. WARRANTS, WHAT TO SPECIFY. 
Each warrant drawn by the clerk of the board on the 
district treasurer must specify the purpose for which 
it is drawn, the fund on which it is drawn, and the per- 
son to whom payable ; and no warrant shall be issued 
except for an indebtedness incurred prior to its issue. 

Sec. 817. OATHS AND BONDS, WHERE TO 
BE FILED. — All official oaths and bonds of school 
district officers shall be filed with the district clerk, 
who shall immediately certify to the county superin- 
tendent the fact of such oaths and bonds being filed. 
Said clerk shall file school treasurers bond with county 
auditor after such bond has been approved by the dis- 
trict school board, as provided in this chapter. In case 
of the breach of any of the conditions of the treasurer's 
bond, the board, through its president, and in case of 
his refusal so to do, the county superintendent shall 
cause an action to be commenced and prosecuted there- 
on in the corporate name of the district, and any 
money collected for the district shall be paid to the dis- 
trict treasurer and any money collected for fines shall 
be paid into the county treasury and be credited to 
the general school fund of the state. If the board and 
county superintendent both fail or refuse to bring such 
action any taxpayer in the district may commence and 
prosecute such action, and the necessary expense there- 
of shall be paid out of the district treasury unless other- 
wise ordered by the court. {See appendix C. VIII, 
also appendix D, note 13.) 

Sec. 818. SALARY OF SCHOOL TREAS- 
URER. — The school treasurer shall be paid for his 
services such sum as shall be fixed by the board not 
'less than five nor more than twenty-five dollars per 
annum. 



Action on 
treasurer's 
bond. 



Treasurer's 
salary. 



Board shall have 
general charge 
and control. 



Article 7 — Powers and Duties of District 
School Boards. 

Sec. 819. GENERAL POWERS.— The district 
school board shall have the general charge, direction 
and management of the schools of the district, and the 
care, custody and control of all tne property belong- 
ing to it, subject to the provisions of chls chapter; pro- 



STATE OF NORTH DAKOTA 



43 



May establish, 
locate, main- 
tain, change or 
discontinue 
schools. 



Repairs, fuel, 
etc. 



Furniture and 
apparatus 



School library. 



vided, that in the employment of teachers, no relative 
of any member of the district hoard shall be hired 
without the nnanimous consent of the board. 

Sec. 820. POWER TO ESTABLISH SCHOOLS. 
— It shall organize, maintain and conveniently locate 
schools for the education of children of school age 
within the district, and change or discontinue any of 
them in the cases provided by law. (.S'^^ sec, 704.) 

Sec. 821. REPAIRS, FUEL AND SUPPLIES. 
— It shall make all necessary repairs to the school 
houses, outbuildings and appurtenances, and shall fur- 
nish fuel and all necessary supplies for the schools. 

Sec. 822. {Amended.) FURNITURE, MAPS, 
REGISTERS, SCHOOL LIBRARY.— It shall fur- 
nish to each school all necessary and suitable furniture, 
maps, charts, and apparatus, including Webster's In- 
ternational dictionary. The school register and all 
school blanks used shall be those furnished by the state 
department of public instruction. It may appropriate 
and expend each year not less than ten nor more than 
twenty-five dollars for each school, or separate depart- 
ment thereof, of the district for the purpose of a school 
library, to be selected by the school board and the 
county superintendent of schools from any list of 
books, prepared by the superintendent of public in- 
struction, and furnished by him to the county super- 
intendents for that purpose, and it shall not purchase 
any books not contained in such list, or which have 
not been approved by the superintendent of public in- 
struction. It shall have the care and custody of the 
library and may appoint as librarian any suitable per- 
son, including one of their number, but whenever prac- 
ticable, the library shall be kept in the school house, 
and always so when school is in session. It shall make 
rules to govern the circulation and care of the books 
while in the hands of pupils or other persons, subject 
to such general rules as may be prescribed by the state 
superintendent of public instruction, and may impose 
and collect penalties for injuries done to any book by 
the act, negligence or permission of the person who 
takes the same or while in his possession, but no book 
shall be loaned to any person not a resident of the dis- 
trict. It may at any time temporarily exchange any 
part or all of its library with any other district or per- 
son, so far as different books may be obtained, but each 
district shall recall its books before the close of the 
school term. It may at any time accept donations of 
books for the hbrary, but it shall exclude therefrom 



Appoint librar- 
ian. 



Rules govern- 
ing use of 
books. 



May exchange 
or exclude 
books. 



44 



GENERAL SCHOOL LAWS 



Annual report. 



all books unsuited to the cultivation of good character 
and good morals and manners, and no sectarian publi- 
cation, devoted to the discussion of sectarian differences 
and creeds shall be admitted to the library. It shall 
be held accountable for the proper care and preserva- 
tion of the library, and shall report annually to the 
county superintendent all library statistics which may 
be required by the blanks furnished for that purpose 
by the superintendent of public instruction. 

Sec. 823. (Amended.) TEACHERS, HOW EM- 
PLOYED. SALARIES, HOW GRADED.— It shall 
employ the teachers of the school district and may dis- 
miss a teacher at any time for plain violation of con- 
tract, gross immorality or flagrant neglect of duty. No 
person shall be permitted to teach in any public school, 
who is not the holder of a teacher's certificate or a 
permit to teach, valid in the county or district in which 
such school is situated, and every contract for the em- 
ployment of a teacher must be in writing and such 
contract must be executed before such teacher begins 
to teach in such school. It shall grade the salaries of 
teachers for the district in accordance with the grades 
of certificate and no teacher holding a certificate of a 
lower grade shall receive a salary equal to or in excess 
of that paid to a teacher holding a certificate of a 
higher grade in the same district ; provided, further, 
that no teacher holding a second grade certificate shall 
receive less than forty-five dollars per month on and 
after the passage and taking effect of this act. And 
nothing in this section shall be construed to mean that 
teachers holding the same grade of certificate must 
necessarily receive the same wages. 



Who may- 
teach. 



Contract. 



Salaries 
graded. 



Minimum sal - 
ary, second 
grade, $45 per 
month 



May admit 
pupils from 
other districts. 



Sec. 824. (Amended.) PUPILS FROM OTHER 
DISTRICTS. — It shall have the power to admit to 
the schools in the district pupils from other districts, 
when it can be done without injuring or overcrowding 
such schools and shall make regulations for their ad- 
mission and the payment of their tuition. It shall have 
the power to arrange with the board of an adjacent 
district for sending to such district such pupils as can, 
conveniently be taught therein, for paying their tuition, 
and for arranging and paying for their transportation 
to and from the school in such district ; and when 
petitioned by a majority of the voters of a district it 
shall be the duty of the board of any district to arrange 
for sending to such district such pupils as can conven- 
iently be taught therein, for paying their tuition and for 



STATE OF NORTH DAKOTA 



45 



May transfer 
pupils. 



arranging and paying for their transportation to and 
from the school in such district. ■ It shall have the 
power to admit to the schools in the district pupils re- 
siding in unorganized territory adjacent to the district, 
and shall arrange with the parents or guardians of such 
pupils for paying their tuition ; but in no instance shall 
a board refuse privileges to or collect tuition from 
pupils residing in such adjacent unorganized territory, 
if the parents of such pupils are property holders in 
the district and pay taxes. It shall also have the power 
to make proper and needful rules for the assignment 
and distribution of pupils to and among the schools 
in the district, and their transfer from one school to 
another. (See appendix D, note 14.) 

Sec. 825. RULES. SUSPENSION OE PU- 
PILS. — It shall assist and co-operate with teachers 
in the government and discipline of the schools,, and 
may make proper rules and regulations therefor. It 
may suspend or expel from school any pupil who is 
insubordinate or habitually disobedient, but such sus- 
pension shall not be for a longer period than ten days 
nor such expulsion beyond the end of the current term 
of school. 



Sec. 82i6. BRANCHES OF STUDY.— Subject 
to the approval of the county superintendent, it shall 
have power to determine what branches, if any, in addi- 
tion to those required by law shall be taught m any 
school of the district. 

Sec. 827. TAX LEVY. NOTICE TO COUNTY 
AUDITOR. — It shall have power to levy upon the 
property in the district a tax for school purposes of 
not exceeding thirty mills on the dollar in any year, 
which levy shall be made by resolution of the board prior 
to the twentievh day of July. The clerk shall immedi- 
ately thereafter notify in writing the county auditor 
of the amount of tax so levied. It shall not have 
power to abate or reduce the amount of tax so levied 
after the county auditor has been notified of the 
amount of such levy. (See Appendix C, VI. if.) 

Sec. 828. WHEN SCHOOL HOUSES CAN 
BE USED FOR OTHER PURPOSES.— It may per- 
mit a school house, when not occupied for school pur- 
poses, to be used under careful restrictions for any 
proper purpo:^e, giving equal rights and privileges to 
all religious denominations or political parties, but for 
any such use or privilege it shall not be at any cost 
for fuel or otherwise to the district. Nor shall any 



Government 
and discipline. 



Suspension. 



Course of 
study. 



Tax levy — 
how made and 
when. 



No reduction — 
when. 



School house 
used for other 
purposes. 

Conditions. 



46 



GENERAL SCHOOL LAWS 



furniture which is fastened to the floor be removed, 
and whoever removes any school furniture . for any 
other purpose than repairing the same or for repair- 
ing the school room shall be guilty of 
a misdemeanor and shall be fined not less 
than five nor more than ten dollars for each offense. 
All fines imposed and collected under the provisions 
of this section shall be paid into the general school 
fund of the state. 



Fines. 



School sites — 
how selected. 



Procedure. 



No removal 
within 3 years. 



Sec. 829. SCHOOL HOUSES AND SITES, 
HOW DETERMINED. PLANS FOR SCHOOL 
HOUSES, HOW PREPARED. BOARD OF IN- 
SPECTORS; HOW CONSTITUTED.— Whenever 
in the judgment of the board it is desirable or neces- 
sary to the welfare of the schools in the district, or 
to provide for the children therein proper school privi- 
leges, or whenever petitioned so to do by one-third of 
the voters of a district, the board shall call a meeting 
of the voters in the district at some convenient time 
and place fixed by the board, to vote upon the ques- 
tion of the selection, purchase, exchange or sale of 
a school house site, or the erection, renioval or sale 
of a school house. Said election shall be conducted 
and votes canvassed in the same manner as at the 
annual election of school officers. Three notices of 
the time, place and purpose of such meeting shall be 
posted in three public places in the district by the clerk 
at least ten days prior to such meeting. If a majority 
of the voters present at such meeting shall by vote 
select a school house site, or shall be in favor of the 
purchase, exchange or sale of the school house, as 
the case may be, the board shall locate, purchase, ex- 
change or sell such site, or erect, remove or sell such 
school house, as the case may be, in accordance with 
such vote ; provided, that it shall require a vote of 
two-thirds of the voters present and voting at such 
meeting to order the removal of the school house and 
such school house so removed cannot again be re- 
moved within three years from the date of such meet- 
ing ; provided, further, that whenever a school house 
is to be purchased, erected or constructed in a com- 
mon school district, the school board shall consult with 
the county superintendent of schools and the county 
Fjuperintendent of health with regard to plans provid- 
ing for the proper construction, lighting, heating and 
ventilation ; provided, further, that it shall be the duty 
of the state superintendent of public instruction to 
furnish plans for school houses of one and two rooms 



STATE OF NORTH DAKOTA 



47 



Board of in- 
spectors — who 



as will be in accord with the best ideas pertaining to 
heating, lighting, ventilating and other sanitary re- 
quirements. 

2. The county superintendent of health, the chair- 
man of the board of county commissioners and the 
county superintendent of schools of each county are 
hereby constituted a board for the purpose of inspect- 
ing school houses and outbuildings with reference to 
their sanitary condition, and whenever the county 
superintendent shall report to said board of inspection 
that a school house or outbuilding is in an unsanitary 
or unsafe condition said board shall inspect the same 
and recommend to the district school board that such 
changes or repairs be made as are necessary to make 
such building or buildings sanitary, safe and fit for 
school purposes. 

Sec. 830. SCHOOL HOUSE SITES, HOW OB- 
TAINED.— The school board of any ,school district 
may take in the corporate name thereof, any real prop- 
erty not exceeding two acres in area chosen as a site 
for school house, as provided in this chapter, and 
may hold and use such tract for school purposes only. 
Should the owner of such real property refuse or 
neglect to grant and convey such site, a site for such 
school house may be obtained by proceeding in 
eminent domain as provided in the code of civil pro- 
cedure. If the site so selected is not used for the pur- 
poses for wh'ch it is taken for two successive years, 
it shall revert to the original owner or his assigns up- 
on repayment of the sum originally paid by the cor- 
poration together with a reasonable consideration for 
the improvement. If such owner or his assigns 
neglects or refuses to make such repayment for one 
year after demand therefor by the' board such site 
shall be the property of the district. 

Sec. 831. SCHOOLS TO BE ORGANIZED ON 
PETITION. — If a petition signed by the persons 
charged with the support and having the custody and 
care of nine or more children of school age, all of 
whom reside not less than two and one-half miles 
from the nearest school, is presented to the board, 
asking for the organization of a school for such chil- 
dren, the board shall organize such school and employ 
a teacher therefor, if a suitable room for such school 
can be leased or rented at some oroper location not 
more than two and one-half miles distant from the 
residence of any one of such children, and if such 



Grants— how 

taken. 

Area. 



Eminent do- 
main. 



Reversion on 
repayment. 



New school for 
remote pupils. 



48 



GENERAL SCHOOL LAWS 



Call meeting to 
select site. 



petition is signed by the persons charged with the sup- 
port and having the custody and care of twelve or 
more such children, the board shall organize a school 
and employ a teacher therefor, and if no suitable room 
for such school can b_ leased or rented, the board shall 
call a meeting of the voters of the district for the selec- 
tion and purchase of a school house site therefor and 
the purchase or erection of a school house, as pro- 
vided for in section 829. If at such meeting no such 
site is selected or if it is not voted to erect or purchase 
a school house for such school the board shall select 
and purchase a school house site and erect, purchase 
or move thereon a school house at a cost of not more 
than twelve hundred dollars for such house and furni- 
ture therefor ; provided, that the provisions of this sec- 
tion shall not apply in instances where schools have 
been consolidated in accordance with the provisions 
of section 832. 



Length of time 
of school each 
year. 



Not less than 
six months. 



Conveying 
pupils. 



Consolidation. 



Sec. 832. (Amended.) SCHOOL TERMS, HOW 
ARRANGED AND WHEN DISCONTINUED. 
CONSOLIDATION OF COMMON SCHOOLS.— 
The district board shall determine and fix the length 
of time the schools in the district shall be taught each 
year, and when each term of school shall begin and 
end. It shall so arrange such terms as to accommo- 
date and furnish school privileges equally and equit- 
ably to pupils of all ages ; provided, that every com- 
mon school shall be kept in session for not less than 
six months in each school year ; provided, further, 
that any school may be discontinued when the average 
attendance of pupils therein for ten consecutive days 
shall be less than four ; and all contracts between 
school boards and teachers shall contain a provision 
that no compensation shall be received by such teacher 
from the date of such discontinuance, or when, with 
the consent of a majority of the patrons of such 
school, proper and convenient school facilities can be 
provided for the pupils therein in some other school ; 
provided, further, that a board may call, and, if peti- 
tioned by one-third of the voters in the district, shall 
call an election to determine the question of "convey- 
ing .pupils at the expense of said district to and from 
schools already established," or "of consolidating two 
or more common schools, and of selecting a site and 
erecting a suitable building, or of making suitable 
additions to buildings already erected, to accommodate 
the pupils of schools to be vacated." Said elections 



STATE OF NORTH DAKOTA 



49 



Transportation 
and routes of 
travel. 



Nine months 
sclwol— wlien. 



shall be conducted, both as to notices and as to man- 
ner of canvassing the votes, in the same manner as the 
annual school election. If a majority of the votes 
cast at such election are in favor of conveying pupils to 
and from schools already established or of consolidat- 
ing two or more schools and of providing a suitable 
building for the accommodation of the pupils of vacated 
schools, then the board shall make all necessary ar- 
rangements to carry out the decision of the district. 
The board shall arrange for the transportation of 
pupils to and from such schools. It shall establish 
routes of travel, adopt rules and regulations for such 
transportation and shall contract with responsible 
parties for such transportation. 

Sec. 833. ADDITIONAL SCHOOL TIME.— If 
a majority of the patrons of any school averaging 
for its last te^-m twelve or more pupils in daily attend- 
ance, shall petition the board to continue such school 
for an additional time, not exceeding nine months in 
any school year, the board shall continue such school 
for that length of time, if there are funds in the treas- 
ury sufficient for that purpose. 

Sec. 834. (Amended.) DISTRICT HIGH 
SCHOOLS, HOW ESTABLISHED AND CON- 
TROLLED. — In any district containing four or more 
common schools, and having an enumeration of sixty 
or more persons of school age residing therein the 
board may call, and if petitioned so to do by ten 
or more voters in the district, shall call a meeting of 
the voters of such district in the manner prescribed 
in section 839 to determine the question of estab- 
lishment of a district high school. If a majority of 
the voters at such meeting vote in favor of establishing 
such high scliool, the meeting shall further proceed ' 
to select a site therefor, and to provide for the erec- 
tion or purchase of a school building, or for the neces- 
sary addition to some school building therefor. 
Thereupon the board shall erect or purchase a building 
or make such addition for such high school, as shall 
be determined at such meeting and shall establish 
therein a district high school containing one or more 
departments, and employ teachers therefor. Such 
school shall be kept in session for such time each year, Length of term 
not less than three months, as the board may deter- 
mine. The board shall, subject to the approval of the 
county superintendent, grade such high school, and 
prescribe the studies to be pursued therein, and shall 



District high 
schools. 



How estab- 
iished. 



School Laws — 4 



50 



GENERAL SCHOOL LAWS 



Course of 
study. 



have the same management and control thereof as of 
the common schools in the district. Two or more ad- 
jacent school districts may join in the establishment 
and maintenance of such high school, or of a graded 
school or of both, when empowered so to do by a 
majority of the voters in each district, at a meeting 
called and held as provided for in this section, in which 
case the building and furniture occupied and used 
for such high school or graded school shall belong 
to the districts so uniting, and all the costs of main- 
taining such school, or schools, including wages of 
teachers and all necessary supplies shall be paid by 
such districts in proportion to the assessed valuation 
of the property in each, and the employment of 
teachers therefor, and the management, control and 
grading thereof shall be vested in the joint boards 
of such districts, subject to the approval of the county 
superintendent of the county in which such districts 
are located. 



Adjacent dis- 
tricts may 
unite. 



Census. 



Defect! res. 



Sec. 835. SCHOOL CENSUS. ANNUAL RE- 
PORT. — The school board shall cause the clerk to 
make an enumeration between the first and twentieth 
day of June of each school year, of all unmarried per- 
sons of school age, being over six and under twenty, 
having their legal residence in the district, exclusive 
of any unmarried person of school age who is sup- 
ported wholly at the expense of the state at any insti- 
tution for the blind, institution for deaf and dumb, 
institution for feeble minded, the reform school or any 
model school in connection with any state normal 
school, giving the names and ages of such persons . 
and the names of parents and guardians having the 
care and custody of each ; also the names, ages and 
ipostofiice address of parents and guardians of each 
deaf and dumb, blind and feeble minded person be- 
tween the ages of five and twenty-five years, residing 
in the district, including all such persons as may be 
too deaf or feeble minded to acquire an education in 
the common schools. The enumeration shall be made 
upon and in accordance with the blanks furnished 
how made and therefor bv the countv superintendent, and shall be 
returned to the county supermtendent prior to the 
tenth day of July ; provided, that in districts where the 
number of persons of school age attending school for 
a period of sixty days during' the school year is less 
than fifty per cent of the total enumeration, it shall 
be the duty of the county superintendent to withhold 
from such district its apportionment of state and county 



Enumeration — 



TTlien, 



STATE OF NORTH DAKOTA 



51 



tuition funds until such time as a satisfactory exiplana- 
tion of the failure to send pupils to school is made by 
the school board of said district to the county super- 
intendent and superintendent of public instruction. A 
copy of the enumeration of such deaf and dumb per- 
sons shall be furnished the superintendent of the school 
for the deaf ; a copy of tlie enumeration of such blind 
persons shall be furnished to the superintendent of the 
school for the blind ; and the enumeration of such fee- 
ble minded persons shall be furnished the superintend- 
ent of the institution for the feeble minded by the 
county superintendent immediately upon receipt of 
the same. A copy of such enumeration shall also be 
kept in the office of the district clerk. The board shall 
also cause the district clerk to make out an annual 
report for the 3^ear beginning July 1 and ending June 
30, containing such financial and statistical statements 
and items as shall be required by the superintendent 
of public instruction, upon and in accordance with the 
blanks furnished therefor by the county superintend- 
ent. Such report shall be carefully examined and 
certified as correct by the board at its regular meeting 
in July and transmitted to the countv superintendent 
prior to the first day of August following. A copy of 
such report shall be filed in the district clerk's, office. 



Reports to 
whom sent. 



Records to 
public. 



Sec. 836. RECORDS OPEN TO INSPECTION. 
— All reports, books, records, vouchers, contracts and 
papers relating to school business in a school district, 
in the office of the clerk or treasurer, shall at all 
times be open to the inspection of any director, who 
shall advise and aid in securing correct records and 
accounts and legal reports, and they shall likewise be 
open to the superintendent of public instruction, and 
county superintendent and any particular paper or 
record shall be exhibited at reasonable hours to any 
voter or taxpayer. 

Sec. 837. RECORDS AND TEACHING IN 
ENGLISH. — All reports and records of school officers 
and proceedings of all school meetings shall be in 
the English language, and if any money belonging to 
any district shall be expended in supporting a schocd English lan- 
in which the English language shall not be taught delusively, 
exclusively, the county superintendent or any taxpayer 
of the school corporation may in a civil action in the 
name of the corporation recover for such corporation 
all such money from the officer so expending it or 
ordering or voting for its expenditure. 



be 



52 



GENERAL SCHOOL LAWS 



One mill tax. 



Sec. 838. MAINTENANCE OF STATE EDU- 
CATIONAL INSTITUTIONS.— For the purpose of 
providing for the maintenance of the state university 
and school of mines at Grand Forks, the agricultural 
college at Fargo, the state normal school at Valley 
City, the state normal school at Mayville, the school 
for the deaf and dumb at Devils Lake, the school of 
forestry at Bottineau, the North Dakota academy of 
science at Wahpeton.and the industrial school at Ellen- 
dale, as a part o± the public school system of this state, 
there is hereby levied upon all taxable property in the 
state — real and personal — an annual tax of one mill 
on each dollar of the assessed valuation of such prop- 
erty in each and every 3^ear hereafter. 

Sec. 839. COUNTY AUDITOR SHALL CAL- 
CULATE AMOUNT OF LEVY.— The county au- 
ditor of each county shall at the time of making the 
annual tax list in his county, calculate the amount of 
the levy hereinbefore provided for upon each and every 
Amount of levy item of property assessed in his county as it appears 
—how caicuiat- ^p^^^ ^j^^ j-g^ asscssmcnt roll and extend the same 
upon such tax list in a column to be provided for 
that purpose and such tax shall thereupon be calcu- 
lated and paid over to the state treasurer the same as 
other state taxes. 



Amount of mill 
tax. 



Sec. 840. TAXES, HOW APPORTIONED.— 
Such taxes so levied shall be apportioned by the state 
treasurer to the several institutions herein mentioned 
as follows : Thirty-three one-hundredths of a mill 
to the state university and school of mines at Grand 
Forks ; twenty one-hundredths of a mill to the agri- 
cultural college at Fargo ; fifteen one hun- 
d;^edths of a mill to the state normal school 
at Valley City ; thirteen one-hundredths of 
a mill to the state normal school at Mayville ; six one- 
hundredths of a mill to the school for the deaf at 
Devils Lake ; two one-hundredths of a mill to the 
school of forestry at Bottineau ; four one-hundredths 
of a mill to the North Dakota academy of science at 
Wahpeton; seven one hundredths of a mill to the 
industrial school at Ellendale ; provided, that all 
moneys hereafter collected from any tax heretofore 
levied shall be apportioned as herein provided. 

Sec. 841. MONEYS, HOW APPORTIONED.— 
The moneys arising from the taxes hereinbefore levied 
are hereby appropriated for the maintenance of the 
state university and school of mines at Grand Forks, 
the agricultural college at Fargo, the state normal 
school at Valley City, the state normal school at May- 
ville, the school for the deaf and dumb at Devils Lake, 



STATE OF NORTH DAKOTA 



53 



What funds. 



the school of forestry at Bottineau, the North Dakota 
academy of science at Wahpeton, and the industrial 
school at Ellendale, the same to be paid monthly to 
the board of trustees of the several institutions herein 
ment'oned and in proportion as herein provided, upon 
vouchers of said board signed by their respective presi- 
dents, and to be expended by the several boards, in 
their discretion, in the establishment and maintenance 
of said institutions hereinbefore mentioned. 

Sec. 842. FUNDS, WHEN PAID OVER.— All 
moneys received as interest, and all moneys received 
for rents, for penalties, for permits, and all moneys 
received from any other source from the respective 
lands of the different educational institutions herein- 
after mentioned (except moneys received as principal 
from the sale of lands belonging to the agricultural 
college, lands belonging to the state university and 
school of mines, lands belonging to the school for the 
deaf and dumb, lands belonging to the two normal 
schools, lands belonging to the North Dakota academy 
of science, lands belonging to- the industrial school), 
shall be paid over to the respective treasurers of the 
educational institutions above mentioned, by the state 
auditor on the first day of January, April, July and 
October in each year. The funds herein referred to 
shall be subject to the order of the respective boards 
of trustees of each institution hereinbefore mentioned 
and shall be used for the maintenance of such insti- 
tutions respectively. 



When paid 
over. 



Article 8. — School Funds. 

Sec. 843. STATE TUITION FUND, HOW 
RAISED — The net proceeds arising from all fines and 
penalties for violation of state laws, from leasing the 
school lands and the interest and income from the 
state permanent school fund shall be collected and paid 
into the state treasury in the same manner as is pro- 
vided by law for the collection and payment of state 
taxes, and shall constitute the state tuition fund, which 
shall be apportioned among the several counties of 
the state in proportion to the number of children of 
school age in each as shown by the last enumeration 
authorized by law. 

Sec. 844. COUNTY TREASURER TO RE- 
PORT STATE TUITION FUND QUARTERLY. 
SUPERINTENDENT OF PUBLIC INSTRUC- 
TION APPORTIONS.— It shall be the duty of the 



state Tuition 
Fund. 



Apportion- 
ment. 



Duty of coun- 
ty treasurer. 



54 



GENERAL SCHOOL LAWS 



Duty of state 
auditor. 



Apportionment 
by state super- 
intendent. 



Warrants. 



county treasurer to receive from the proper officers 
the net proceeds of fines, penalties and forfeitures for 
violation of state laws, and all moneys arising from 
leasing of school lands within the county, and to for- 
ward a detailed statement of moneys so collected, 
specifying the amount received from each of the above 
sources, to the state auditor at the same time that he 
is required to make reports of other moneys to such 
auditor. It shall be the duty of the state auditor on 
or before the third Monday in February, May, August 
and November in each year to certify to the superin- 
tendent of public instruction the amount of the state 
tuition fund and the superintendent of public in- 
struction shall immediately apportion such fund among 
the several counties of the state in proportion to the 
number of children of school age residing in each as 
shown by the last enumeration provided for by law 
and certify to the state auditor, state treasurer and 
to the county treasurer and county superintendent of 
each county, the amount apportioned to the respective 
counties. Immediately upon receipt of such apportion- 
ment from the state superintendent as herein provided, 
the state auditor shall draw a warrant upon the state 
treasurer for the full amount of the state tuition fund 
apportioned lo the several counties and shall deliver 
the same to the state treasurer taking his receipt there- 
for and shall notify the several county treasurers of 
the amiOunts due their respective counties and that 
such warrant had been issued therefor and the state 
treasurer shall pay on such warrant to the several 
county treasurers the amount due their respective 
counties ; provided, however, that all moneys arising 
from interest on the permanent school fund and from 
leasing school lands shall be apportioned under a sep- 
arate item and such money shall be taken account of 
as a separate item by all officers- making or certifying 
such apportionment, or through whose hands any por- 
tion of such fund shall pass and it is further made the 
duty of the district treasurer to keep such fund sep- 
arate from all other funds and if at the close of the 
school year any part of such fund which was appor- 
tioned prior to the third Monday of November of such 
year remains in the hands of the district treasurer, he 
shall return the same to the county treasurer, taking 
his receipt therefor, and the county treasurer shall re- 
turn all such funds so returned or that were not drawn 
by the district treasurer from the county treasury to 



Interest on 
permanent 
school fund 
kept separate 



STATE OF NORTH DAKOTA 



55 



State Institute 
fund. 



Special fund. 



the State treasurer who shall receipt for the same, 
and the county treasurer shall certify to the state 
auditor the amount so returned to the state treasurer. 

Sec. 845. FUNDS DEFINED. HOW USED.— 
All money received by the school district from the ap- 
portionment made by the superintendent of public in- 
struction shall constitute and be designated the state 
tuition fund. All money received from district taxes, 
from subscription, from sale of property, or from any 
other source whatever except from apportionment 
made by the superintendent of public instruction, shall 
be designated the special tund. in addition to the 
state tuition fund and the special fund, a sinking fund 
may be established as provided by this article. The 
state tuition fund shall be used only in the payment 
of teachers' wages ; provided that if the state tuition 
apportioned to any district in one year is insufficient 
for the payment of teachers' wages in such district 
any money on hand or available belonging to the spec- 
ial fund of such district may be applied to meet such 
deficiency; provided, further, that if the state tuition 
fund apportioned to any one district in any one year 
is more than sufficient for the payment of teachers' 
wages in such district the portion of such fund in ex- 
cess of the amount so required may be applied to the 
payment of warrants drawn upon the special fund 
of such district, if such district has school the required 
number of months during such year as required by 
law. 



Tuition fund- 
how used. 



Excess. 



Sec. 846. FUNDS CONTROLLED AND PAID 
OUT BY DISTRICT TREASURER.— All funds 
shall be kept in the possession or under the con- 
trol of and paid out by the district treasurer except 
as otherv/ise provided in this chapter, and he shall 
keep one general account for each district of the entire 
receipts and expenditures, and separate itemized ac- 
counts as herein provided for each class of receipts 
and expenditures. His books shall at all times show 
by entries under proper heads all receipts of funds and 
payments made therefrom, so as to enable any person 
readily to ascertain any balance in account of any fund. 

Sec. 847. (Amended.) NOT ENTITLED TO 
TUITION FUND, WHEN._ ENUMERATION.— 
No school district shall be entitled to receive any por- 
tion of the state tuition fund that fails to make a report 
of the enumeration of the children of school aee in 



Funds con- 
trolled by 
treasurer. 



Books— how 
kept. 



No tuition 
fund without 
enumeration. 



56 



GENERAL SCHOOL LAWS 



Bond and oath 
of treasurer 
must be filed. 



the manner provided 'by law, nor until such enumera- 
tion has been taken and reported as required by law. 
The county superintendent of schools shall not au- 
thorize the payment of money apportioned to any dis- 
trict unless the bond and oath of such treasurer has 
been duly approved and filed, as provided for by sec- 
tion 817; provided, also, that the county superin- 
tendent is empowered to withhold the payment of 
state and county tuition from any district whose clerk 
and treasurer have failed to make the reports pro- 
vided for in section 835. New districts organized 
after the annual enumeration has been taken shall pro- 
ceed immediately to take the enumeration as provided 
by law ; and after the receipt of such enumeration bv 
the superintendent of public instruction through the 
county superintendent, the newlv organized district 
shall receive its proportionate share of the funds to 
be apportioned ; provided, further, that the county 
superintendent shall have the right to withhold the 
apportionment of the county and state tuition fund 
from any school district other than the new district 
herein provided for, which has not maintained school 
therein for a period of not less than six school months 
in each school of said district in the school year pre- 
ceding such apportionment or has not otherwise pro- 
vided school facilities for the pupils of that district ; 
provided, further, that it shall be mandatory upon the 
county superintendent to withhold the apportionment 
of state and county tuition fund from any district 
which has not maintained school for a period of at 
least four months in each school in said district or 
otherwise provided school facilities for the pupils of 
that district for the school year preceding such appor- 
tionment. 



New districts. 



County superin- 
tendent must 
wittihold funds 
— when? 



County super- 
intendent to 
apportion 
funds. 



Sec. 848. (Amended.) APPORTIONMENT OF 
STATE TUITION FUNDS BY COUNTY SUP- 
ERINTENDENT.— Within thirty days and not less 
than twenty days after receiving the certificate of ap- 
portionment from the superintendent of public in- 
struction and the certificate from th.e county auditor 
as provided for in section 855 of this chapter, the 
county superintendent shall apportion separately to 
the several school districts, special districts, indepen- 
dent districts, and districts organized under special 
laws which are entitled to any portion of the state 
tuition and special funds within the county, in propor- 
tion to the number of children residing in each district 
over six and under twenty years of age, excluding all 



STATE OF NORTH DAKOTA 



57 



married persons, as appears from the last enumeration 
authorized by law, upon which the superintendent of 
public instruction made the apportionment to the sev- 
eral counties, and he shall immediately notify each 
district treasurer of the amount of tuition fund in the 
county treasury, due each district, and shall certify 
to the county treasurer and to the county auditor the 
amount due each school district. The county treas- 
urer shall deliver to the several district treasurers 
upon the order of the county auditor the amounts ap- 
portioned to their respective districts, taking a receipt 
therefor. 



And notify dis- 
trict treasurers 
thereof. 



Funds to spec- 
ial and inde- 
pendent dis- 
tricts. 



iSec. 849. SPECIAL AND INDEPENDENT 
DISTRICTS AND DISTRICTS ORGANIZED 
UNDER SPECIAL LAWS ENTITLED TO TUI- 
TION FUNDS.— Special and independent school dis- 
tricts and districts organized under special laws shall 
be entitled to receive their proportion of the state and 
special tuition funds; provided, that the clerk or sec- 
retary of the board of education thereof shall make a 
report to the county superintendent of the enumeration conditions, 
of children of school age therein at the time and in 
the manner prescribed in this chapter. 

Sec. 850. (Amended.) TREASURER'S AC- 
COUNTS. ANNUAL SETTLEMENT.— The dis- 
trict treasurer shall open new accounts with each fund 
at the beginning of each school year, and the balance 
of each fund shall be brought down and become a 
part of the first entry in opening the account for the 
new year. On the second Tuesday in July the school 
board shall make settlement with the district treasurer, 
and shall carefully examine his books, accounts and 
vouchers and shall ascertain if the amount of all war- 
rants, bonds and coupons paid and redeemed or paid 
in part, together with the cash in his hands or under 
his control, is equal to the amount of cash on hand at 
the beginning of the school year, together with all 
money received by him from all sources for school 
purposes during the year. The district treasurer shall 
deliver to the board at such annual meeting all war- 
rants, bonds and coupons paid and redeemed by him 
during the school year and held by him as vouchers, 
taking the receipt of the board therefor, and such 
vouchers shall forthwith be filed with the district 
clerk. He shall at that meeting make his annual re- 
port in triplicate, one copy to be preserved in the treas- 
urer's office, one to be filed with the clerk of the 



Treasurer's ac- 
counts—how 
kept. 



Settlement— 
when. 



Report in trip- 
licate 



58 



GENERAL SCHOOL LAWS 



Form 



Other items 



Funds payable 
to treasurer— 
when. 



school board and one to be transmitted to the county 
superintendent of schools, and the board shall cause 
to be published an itemized statement of the receipts 
and expenditures of the preceding year in a newspa- 
per of the county nearest said school district ; provided, 
that if said board or treasurer shall have failed to pub- 
lish said statement by the first of September following 
the presentation of the treasurer's annual report, then 
it shall be the duty of the county superintendent of 
schools to cause the publication of the same in a news- 
paper of the county, said publication to be paid for by 
the school district. The treasurer's reports shall show 
the following: 

RECEIPTS. 

The "balance at the close of the year. 
The amount received into the state tuition fund. 
The amount received into the state special fund. 
The amount received into the sinking fund. 

EXPENDITURES. 

The amount paid for school houses, sites and fur- 
niture. 

The amount paid for apparatus and fixtures. 

The amount paid for teachers' wages. 

The amount paid for services and expenses of school 
officers. 

The amount paid for redemption of bonds. 

The amount paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 

Such report shall include such other items as may 
be required by the district board, or the superintend- 
ent of public nistruction, and shall be upon and in con- 
formity with the blanks furnished him for that pur- 
pose. (See Appendix B. — Sec- 30/.) 

Sec. 851. WHEN COUNTY TREASURER TO 
PAY FUNDS TO DISTRICT TREASURER- - 
The treasurer of each district shall apply to the county 
auditor for an order, and the county treasurer shall 
pay over to him on such order all of the school money 
collected for such district and all school money ap- 
portioned to such district by the county superintendent 
and the county auditor shall issue such order; pro- 
vided, such district treasurer has qualified and filed 
his oath and bond as provided by law. It shall be the 
duty of the county treasurer, when payment is made 



STATE OF NORTH DAKOTA 



59 



Notice to 
clerk. 



County treas- 
urer's ac- 
counts with 
school districts 



to any school treasurer of any funds herein provided 
for, immediately to notify the clerk of the school board 
of the payment of the same. 

Sec. 852. COUNTY TREASURER TO KEEP 
ACCOUNTS WITH SCHOOL CORPORATIONS 
— Each county treasurer shall keep a regular account 
with each school corporation, in which he shall charge 
himself with all taxes collected by leyy of the district 
school board and all sums apportioned to the district 
by the county superintendent or other authority and all 
sums received from the district, and he shall credit 
himself with all payments made to the treasurer of the 
district, distinguishing between the items paid by ap- 
portionment, those from county taxes and those from 
other sources. He shall also credit himself with all 
payments for redemption or indorsement of warrants 
in the collection of taxes and shall deliver to the dis- 
trict treasurer a duplicate tax receipt for the amount 
of each warrant so indorsed or redeemed together with 
all warrants so redeemed at the time of making other 
regular payments to the district treasurer. To these 
credits, to balance the accounts, he shall add all items 
for legal fees, for collection and other duties. 

Sec. 853. SCHOOL TAXES, HOW AND 
WHEN COLLECTED.— It shall be the duty of the 
county treasurer to collect the taxes for school pur- 
poses at the same time and in the same manner that 
the county and state taxes are collected, and full power 
is hereby given him to sell property for school taxes 
the same as is provided by law for the collection of 
other taxes. Whenever an error occurs in any school 
corporation's tax list the district school board or board 
,of education in special or independent districts or dis- 
tricts organized under special laws may correct such 
errors and refund such taxes improperly collected. All 
penalties and interest collected on delinquent school 
taxes shall be applied t( > the proper fund to which such 
delinquent taxes belong. 



Taxes to be 
collected by 
county treas- 
urer. 



Refund oC 

taxes. 



Article 9. — Taxes. 

Sec. 854. SCHOOL BOARD TO LEVY TAX. 
— Each district school board shall have power and it 
shall be its duty to levy upon all property subject to 
taxation in the district a tax for school purposes of 
all kinds authorized by law, not exceeding in the ag- 
gregate a rate of thirty mills on the dollar in any one 
year. Such tax shall be levied by resolution of the 



Tax levy- 
when and how 
made. 



bO 



GENERAL SCHOOL LAWS 



board prior to the twentieth day of July in each year, 
which resolution shall be entered in the records of the 
proceedings of the board. The clerk shall immediate- 
ly thereafter notify the county auditor in writing of 
the amount of tax so levied, and such notice shall be 
in substantially the following form : 
State of North Dakota. ] 

County of )- ss. 

School District ) 

To • 

County Auditor of County. 

Sir: 

You are hereby notified that the school board of 

school district has levied a tax of 

dollars upon all real and personal property in said school 
district for school purposes. You will duly enter and 
extend such tax upon the county tax list for collection 
upon the taxable property of such school district for 
the current year. 

Dated at this . . • . . day of 190 . . 



Notice to 
county auditor 



Levy to pay 
judgment. 



Poll tax. 



District Clerk. 

The notice of a tax to pay any judgment against 
the district shall be in addition to the regular tax and 
shall be certified to the county auditor under the same 
general form, as near as may be; provided, that if the 
boundaries of such district shall embrace a portion of 
two counties then the clerk of such district shall cer- 
tify to the county auditor of the county in which is 
located the original district to which such portion of 
the district embraced in the other county is attached 
in addition to the tax levy above mentioned, a list and 
valuation of all property subject to taxation in such 
portion of such district embraced in the other county, 
as shown by the assessor making the assessment in 
such county, township or assessor's district, and the 
auditor shall enter such property upon the tax dupli- 
cate of his county and levy all school taxes upon the 
same, and the county treasurer of the county shall col- 
lect the taxes levied thereon the same as other taxes 
are collected and pay the same over to the treasurer 
of the district entitled thereto, {See Appendix C. — V.) 

Sec. 855. HOAV LEVIED, HOW APPOR- 
TIONED. APPORTIONMENT OF DELIN- 
QUENT TAXES.— 1. The county auditor of each 
county shall at the time of making the annual assess- 



STATE OF NORTH DAKOTA 



61 



ment and levy of taxes levy a tax of one dollar on each 
elector in the county for the support of common 
schools, and a further tax of two mills on the dollar 
on all taxable property in the county, to be collected 
at the same time and in "the same manner as other taxes 
are collected, which shall be apportioned by the county 
superintendent of schools among the school districts 
of the county. 



County tuition 
fund. 



2. It shall be the duty of the county auditor on or 
before the third Monday in February, May, August 
and November in each year, to certify to the county 
superintendent of schools the amount of such county 
tuition fund, which the county superintendent of 
schools shall apportion among the several school dis- 
tricts in the same form and manner as provided for 
the apportionment of the state tuition fund. The 
county superintendent shall file with the county audi- 
tor and the county treasurer a certified statement 
showing the amount apportioned to each district. 

3. It shall also be the duty of the county auditor 
to certify at the time herein specified the amount of 
delinquent taxes collected for the special tuition fund 
prior to those levied for the year 1899 which amounts 
shall be apportioned by the county superintendent of 
schools as herein provided; and the county treasurer 
shall pay such amounts to the district treasurers the 
same as other special funds are paid. 



Apportioned 
how. 



Delinquent 
taxes. 



Sec. 856. MAXIMUM LEVY FOR FINAL 
JUDGMENT. TAXES TO BE UNIFORM.— 
When any final judgment shall be obtained against a 
school district the board thereof shall levy a tax up- 
on the taxable property of such district not exceed- 
ing in amount twenty mills on the dollar in any one 
year, which shall be used in the payment thereof. The 
county auditor shall make out, charge and extend up- 
on the tax list against each description of real prop 
erty and against all personal property, ana upon all 
taxable property of the district, all such taxes for 
schools and judgments he is so notified has been levied 
by the district in which the property is situated and 
taxable, in the same manner in which the county and 
state tax list is prepared, and deliver it to the county 
treasurer at the same time. All taxes for school pur- 
poses shall be uniform upon the property within each 
school district. 



Levy to pay 
judgment. 



Taxes to be 
uniform. 



62 



GENERAL SCHOOL LAWS 



Sec. 857. STATEMENT OF ASSESSED VAL- 
UATION. — Each assessor shall on or before the first 
day of July in each year furnish to the clerk of the 
school district, to the county superintendent of schools 
and to the county auditor a statement of the assessed 
valuation of all the property in such corporation sub- 
ject to taxation. 



Assessor to 
furnish state- 
ment of valua- 
tion. 



Taxes how 
levied in dis- 
tricts having 
no school 
board. 



Creditors of 
such district- 
how paid. 



State Superin- 
tendent. 

Vacancy, how 
filled. 



Sec. 858. INDEBTEDNESS OF DISTRICT, 
HOW ADJUSTED WHEN NO LEGAL SCHOOL 
BOARD EXISTS.— If any school district in the state 
has for one or more years past, either through failure 
to elect a school board or through failure of the county 
superintendent to appoint a school board, been with- 
out a legal school board or if hereafter any school 
district through such failure to elect or appoint such 
school board shall be without such legal school board 
and such district shall have an authorized indebtedness 
either in bonds, interest due on bonds, or otherwise, 
it shall be the duty of the county superintendent, the 
county treasurer and county auditor, acting as a board 
of adjusters, lo assess upon the taxable property of 
such school corporation a tax not to exceed twenty 
mills on the dollar in any one year upon the assessed 
valuation thereof for the payment of the same. Which 
tax so levied shall be extended upon the tax lists by 
the count}^ auditor and be collected by the county 
treasurer as other taxes are collected and shall be ap- 
plied upon and used for the payment of such indebted- 
ness, and shad be paid to the creditors of such district 
upon the warrant of the county auditor, countersigned 
by the county superintendent, and all warrants, bonds, 
interest coupons, receipted bills or accounts shall be 
filed in the office of the county auditor and in the case 
such school corporation has a bonded indebtedness, it 
shall be the duty of such board of adjusters to levy 
a tax upon the property of such district sufficient to 
create a sinking fund for the redemption of such 
bonds upon the maturity of the same, such sinking 
fund to be levied and provided for in compliance with 
the requirements of such bonds. 

Article 10. — Vacancies. 

Sec. 859. VACANCY IN OFFICE SUPERIN- 
TENDENT PUBLIC INSTRUCTION FILLED 
BY APPOINTMENT.— Should a vacancy occur in 
the office of the superintendent of public instruction, 
the governor shall have power and it shall be his duty 



STATE OF NORTH DAKOTA 



63 



to fill such vacancy by appointment, which appoint- 
ment shall be valid until the next general election and 
until his successor is elected and qualified. 

Sec. 860. VACANCY IN OFFICE OF COUNTY 
SUPERINTENDENT.— Should a vacancy occur in 
the office of county superintendent of schools, the board 
of county commissioners of such county shall have 
power and it shall be their duty to fill such vacancy 
by appointment, as provided by law, which appoint- 
ment shall be valid until the next general election. The 
county auditor shall immediately notify the superin- 
tendent of public instruction of such appointment. 



County super- 
intendent. 



Vacancy, how 
filled. 



Sec. 861. -VACANCY IN OFFICE OF DIREC- 
TOR OR TREASURER, HOW FILLED.— When 
any vacancy occurs in the office of director or treas- 
urer of a school district by death, resignation, removal 
from the district, or otherwise, the fact of such 
vacancy shall be immediately certified to the county 
superintendent by the clerk of the district, and such 
superintendent shall immediately appoint in writing 
some competent person who shall qualify and serve 
until the next annual school election. The county 
superinetndent shall at the same time notify the clerk 
of the school district and the county auditor of every 
such appointment. 

Sec. 862. VACANCY IN OFFICE OF CLERK, 
HOW FILLED.— Should the office of clerk of a 
school district become vacant, the school board shall 
immediately fill such vacancy by appointment and the 
president of the board shall immediately notify the 
county superintendent and the county auditor of such 
appointment. 



District offi- 
cers -vacancy, 
how filled. 



School clerb— 
vacancy, bow 
filled. 



Sec. 863. OFFICE, WHEN DEEMED VA- 
CANT. — Any office of a school district shall become 
vacant by resignation of the incumbent thereof, but 
such resignation shall not take effect until a successor 
has qualified according to law. Any office of a school 
district shall be deemed vacant if the person duly 
elected thereto shall neglect or refuse for the period of 
two weeks after the beginning of the term for which 
he was elected, to accept and qualify for such office 
and serve therein. Any school officer may be removed 
from office hy a court of competent jurisdiction, as 
provided by law. {See Appendix D, Note 3.) 



Vacancy— 
when. 



Removal. 



64 



GENERAL SCHOOL LAWS 



Equalization 
of property, 
funds and 
debts. 



Arbitrators. 



Tax levy to 
equalize. 



Levy 15 mills 
per year. 



Article 11. — Equalization of Indebtedness. 

Sec. 864. EQUALIZATION OF INDEBTED- 
NESS BY ARBITRATION.— After the boundaries 
of a school district have been established as provided 
for in this chapter all school districts or parts of school 
districts that existed as school corporations, or as parts 
thereof before the taking effect of this code and that 
are now included in one school district shall effect an 
equalization of propert)^, funds on hand and debts, or 
whenever the boundaries of two or more districts are 
re-arranged, all districts affected by such change shall 
effect an equalization of property, funds on hand and 
debts. To effect this each school board of such cor- 
poration constituting a school district under the opera- 
tion of this cnapter, shall select one arbitrator, and 
the several arbitrators so selected, together with the 
county superintendent shall constitute a board of arbi- 
tration to effect such equalization. If in any case 
the number of arbitrators, including the county super- 
intendent, shall be an even number, the county treas- 
urer shall be included and be a member of such board. 
The county superintendent shall fix the time and place 
of such meeting. 

Sec. 865. TAX TO EQUALIZE AND PAY PRE-. 
VIOUS DEBTS. — Such board shall take an account 
of the assets, funds on hand, the debts properly and 
justly belonging to or chargeable to each corporation 
or part of a corporation affected by such change, and 
levy such a tax against each as will in its judgment 
justly and fairly equalize their several interests. 

Sec. 866. MAXIMUM ANNUAL TAX LEVY 
FOR SUCH PURPOSES.— When the amounts to be 
levied upon the several corporations or parts of cor- 
porations mentioned in the preceding section shall be 
fixed, a list thereof shall be made wherein the amount 
shall be set down opposite each corporation. The 
whole shall be stated substantially in the form herein 
required for certifying school taxes and addressed to 
the county auditor, and shall be signed by a majority 
of such board of arbitration ; such levy shall be 
deemed legal and valid upon the taxable property of 
each- corporation ; provided, however, that not more 
than fifteen mills thereof shall be extended against 
such taxable property in any one year, and such a levy 
not exceeding fifteen mills on the dollar shall be ex- 
tended as in this section provided from year to year, 
until the whole amount shall be so levied. The county 



STATE OF NORTH DAKOTA 



65 



Tax shall be 
paid to district 
treasurer. 



auditor shall preserve such levies and shall extend the 
several rates from year to 3^ear, as above required by 
law for district taxes and the taxes shall be collected 
at the same time and in the same manner as other 
taxes are collected. 

Sec. 867. PROCEEDS TO BE TURNED OVER 
TO THE RESPECTIVE DISTRICTS.— Opposite 
the several descriptions of property on the tax list 
shall be entered the school districts within which it 
lies, and all the proceeds of these equalizing taxes shall 
be collected and paid over to the treasurer of the proper 
school district within which the property is situated. 
The proceeds of taxes upon parts of districts lying out- 
side the district as at present constituted with which 
they were equalized shall be paid to the treasurer of the 
school district within which the property is situated, 
the same as hereinbefore provided for regular taxes. 

Sec. 868. MAXIMUM TAX LEVY FOR ALL 
SCHOOL PURPOSES.— The taxes levied for pur- 
poses of equalization shall be, in addition to all other 
taxes for school purposes ; provided, that all taxes 
for school purposes, including such taxes for equaliza- 
tion, shall not exceed thirty mills on the dollar in any 
one year. The provisions of this article shall apply to 
and govern all school districts and parts of school dis- 
tricts hereafter divided or consolidated with each other, 
or with other districts in the division vmiting or appor- 
tionment of their debts and liabilities or property and 
assets. 



Tax levy 
to exceed 
mills. 



not 
30 



Article 13. — Examinations and Certificates. 

Sec. 869. (Amended.) EXAMINATIONS FOR 
TEACHERS' CERTIFICATES.— The superintend- 
ent of public instruction shall prepare or cause to 
be prepared all questions for the examination of appli- 
cants for teachers' certificates, both county and 
state, and shall prescribe rules for the conduct of all 
such examinations. He shall examine, mark and file, 
or cause to be examined, inarked and filed, all answer 
papers submitted by candidates for first, second and 
third grade county certificates, which answer papers 
shall be forwarded by the county superintendent im- 
mediately after the close of each examination to the 
superintendent of public instruction. He may appoint 
such clerical assistants as he may deem necessary, but 
the expenditures therefor shall not exceed in the ag- 
gregate the sum annually collected from applicants 
for county certificates for this purpose. 



Teacher's ex- 
aminations. 



Schoo Law 



66 



GENERAL SCHOOL LAWS 



Professional 
certificate— 
how obtained. 



Sec. 870. (Amended.) LIFE PROFESSIONAL 
CERTIFICATE, WHO ENTITLED.— He may is- 
sue a state certificate, to be valid for life, unless it 
lapse or be revoked, to be known as a life professional 
certificate. Such certificate shall be issued only to 
persons of good moral character who pass a thorough 
examination in all the branches included in the course 
of study prescribed for the common and high schools 
of the state, including pedagogics and such other 
branches as the superintendent of public instruction 
may direct, and to persons who have received degrees 
in liberal arts, granted by any college or university of 
recognized standing. Such certificate shall in no case 
be granted unless the applicant has had an experience 
as a teacher of at least five years ; provided, that any 
person who is a graduate of the normal college of the 
university of North Dakota or of the state normal 
schools of North Dakota, and has had three years' 
successful experience after graduation, may be granted 
such certificate without further examination ; provided, 
further, that if the holder of a professional certificate 
shall at any time cease to teach or be engaged in other 
educational work for a period of five years, such cer- 
tificate shall lapse and the lapse, with date and cause 
shall be made a matter of record in the office of the 
state superintendent of public instruction. Such cer- 
tificate, however, may be reinstated under such rules 
as may be prescribed by the superintendent of public 
instruction. 



Five years' 
experience. 



Normal grad- 
uates. 



Certificates 
lapse— when 



State certifi- 
cates — first 
class 



Sec. 871. (Amended.) STATE CERTIFI- 
CATES. FIRST AND SECOND CLASS. SPE- 
CIAL. WHO ENTITLED.— 1. He may issue a 
state certificate, to be valid for a term of five years 
unless sooner revoked, to be known as a state certifi- 
cate of the first class. Such certificate shall be issued 
only to persons of good moral character who have 
completed the prescribed curriculum of study in the 
normal college of the state university or in one of the 
normal schools of the state or in a normal school else- 
where, having a reputation of thoroughness or to 
those persons who have degrees in liberal arts, granted 
by any college or university of recognized standing, 
but the superintendent of public instruction may ex- 
amine any such applicant in his discretion. Such cer- 
tificate shall not be granted unless the applicant shall 
have taught school successfully for at least eighteen 
months after graduation. 



STATE OF NORTH DAKOTA 



67 



2. He may issue a state certificate, to be valid for 
a term of three years, unless sooner revoked, to 'be 
known as a state certificate of the second class. Such 
certificate shall be issued only to persons of good moral 
character who have completed the prescribed curricu- 
lum of study in any reputable normal school or who 
have received degrees in liberal arts from a college or 
university of good standing in this state and have 
made at least one year's study in pedagogics, such as 
shall be prescribed by the superintendent of public 
instruction, but the superintendent of public instruc- 
tion may examine any such applicant in his discretion. 

3. Any person who is a graduate of the normal 

college of the university of North Dakota or of one of Second das 
the normal schools of North Dakota, and who has had 
nine months' successful experience as a teacher after 
graduation may be granted the state certificate of the 
first class ; provided, that a diploma from the normal 
department of the university of North Dakota or of 
either of the normal schools of this state shall be the 
equivalent of a state certificate of the second class, if 
the party holding such diploma have the required age 
specified in section 875. 

4. He may issue special certificates authorizing the 
holders thereof to teach music, drawing, kindergarten, 
primary subjects or manual and industrial training, 
which certificates shall be valid throughout the state, 

each for a term of three years, under such regulations Special 
as the superintendent of public instruction may pre- 
scribe ; provided, that graduates from the state manual 
training school shall be entitled to certificates author- 
izing them to teach manual and industrial training 
without further examination. 

Sec. 872. FEE FOR CERTIFICATE. CER- 
TIFICATE. HOW REVOKED.— The superintend- 
ent of public instruction shall require a fee of five 
dollars from each applicant for a life professional cer- p,gj,j.jg^.^^g 
tificate, a fee of three dollars for a state certificate of fee' ^ 
the first or second class, and a fee of two dollars from 
each applicant for a special certificate, which fees shall 
be used by him to aid in the establishment and mainte- 
nance of teachers' reading circles and in the profes- 
sionalizing of teaching in the state in such other ways 
as he may deem advisable. He shall revoke at any 
time any certificate issued in this state for any cause 
which would have been sufficient ground for refusing 
to issue the same had the cause existed or been known 
at the time it was issued, and shall revoke the same 



Revocation of 
certificate. 



68 



GENERAL SCHOOL LAWS 



Examination 
by county sup- 
erintendent. 



for willful violation of any teacher's contract entered 
into by the holder of any such certificate and any 
school board or board of school trustees in this state. 

Sec. 873. (Amended.) EXAMINATION OF 
TEACHERS BY COUNTY SUPERINTENDENT. 
—The county superintendent shall hold a public exam- 
ination of all persons over eighteen years of age offer- 
ing themselves as candidates for teachers of common 
schools at the most suitable place in the county, on 
the second Friday in March, and on the last Friday 
in May, August and October of each year, and when 
necessary, such examination may be continued on the 
following day, at which time he shall examine them 
by a series of written or printed questions, according 
to the rules prescribed by the superintendent of public 
instruction. The countv superintendent shall forward 
all answer papers submitted by candidates for county 
certificates, designating each by number instead of 
nam.e, immediatelv after the close of the examination 
to the superintendent of public instruction for exam-, 
ination, marking, filing and recording. The superin- 
tendent of public instruction shall transmit, within 
thirty days from the date of said examination, a record 
of the standings of each applicant to the county super- 
intendent who shall then grant to the anolicant a cer- 
tificate of qualification, if from the percentage of cor- 
rect answers required by the rules, said applicant is 
found to possess the requisite knowledge and under- 
standing to teach in the common schools of the state 
the various branches required by law ; orovided, the 
countv superintendent has sufficient evidence that the 
candidate is a person of good moral character, has 
had successful experience, if any, and possesses an 
aptness to teach and govern. 

Sec. 874. (Amended.) TEACHERS' GRADES, 
HOAV ESTABLISHED. RE-EXAMINATION, 
WHEN ALLOWED.— County certificates shall be 
of three regular grades: First grade for a term of 
three years ; second grade for a term of two years, 
and third grade for a term of one year, according to 
the ratio of correct answers for each applicant, and 
other evidence of ciualification ; provided, that after 
January 1, 1908, county certificates shall be of two 
regular grades : First grade for a term of three years ; 
second grade for a term of two years. No certificate 
shall be granted unless the applicant shall be found 
proficient in and qualified to teach the comm.on 
iDranches of a common English education, reading, 



Papers sent 
state superin- 
tendent. 



Grades of cer- 
tificates and 
basis thereof. 



STATE OF NORTH DAKOTA 



69 



Permits to 
teach. 



writing, orthography, language lessons and English 
grammar, geography. United States history, civil 
government, physiology and hygiene and can pass a 
satisfactory examination in physical culture and theory 
and practice if teaching. In addition to the above, an 
applicant for a first grade certificate shall pass a satis- 
factory examination in physical geography, elementary 
physics, psychology, elementary algebra and geometry. 
The percentage required to pass any branch shall be 
prescribed by the superintendent of public instruction. 
Tihe county superintendent may grant permission to 
teach until the results of the next regular examina- 
tion are received from the superintendent of public 
instruction, to any person applying at any other time 
than at a regular examination, who can show satis- 
factory reasons for failing to attend such examination 
and satisfactory evidence of qualification, subject to 
such rules and regulations as may be prescribed by 
the superintendent of public instruction. Subsequent 
permits may be granted by the county superintendent 
with consent and approval of the superintendent of 
public instruction. The written answers of applicants 
for county certificates, after being duly examined by 
the superintendent of public instruction, shall be kept 
by ihim for a period of six months after such exami- 
nation, and any candidate, thinking an injustice has 
been done him, may, by paying a fee of two dollars 
into the institute fund ot the county and notifying both 
the county superintendent and the superintendent of 
public instruction of the same, have his pipers re- 
viewed by the superintendent of public instruction, in 
person, and, if such answers warrant it, he shall in- 
struct the county superintendent to issue such applicant 
a county certificate of the proper grade and the county 
superintendent shall carry out such instructions. 



Sec. 875. (Amended.) QUALIFICATIONS OF 
TEACHERS. CONTRACTS, WHEN VOID.— 
No certificate or permit to teach shall be issued to 
any person under eighteen years of age, and no first 
grade certificate to any person who is under twentv 
years of age, and who has not taught successfully 
twelve school months, and no person shall be allowed 
to teach more than fifteen school months on third 
grade certificates. First and second grade certificates 
may be renewed without examination, under such re- 
ouirements as shall be imnosed bv the superintendent 
of public instruction. The certificate issued bv a 
county superintendent shall be valid only in the county 



Certificates 
and permlts- 
to whom Is- 
sued. 



70 



GENERAL SCHOOL LAWS 



Fee. 



Contract 
when. 



void, 



were issued ; provided that a county superintendent 
Valid where, shall indorse for the full period for which they are 
valid when presented to him for indorsement first and 
second grade certificates. A fee of one dollar shall be 
paid into the institute fund of the county for each 
renewal or indorsement. No person shall be employed 
or permitted to teach in any of the public schools of 
the state, except those in cities organized for school 
purposes under special laws, or organized as inde- 
pendent districts, under the general school laws, who is 
not the holder of a lawful certificate of qualification 
or a permit to teach, and no teacher's certificate, issued 
by the superintendent of public instruction, nor a 
teacher's diploma granted by any institution of learn- 
ing in this state shall entitle a person to teach in such 
public schools of any county, unless such certificate or 
diploma shall have been recorded in the office of the 
county superintendent and it shall be the duty of the 
county superintendent to record such certificate or 
diploma ; provided, further, that no certificate or per- 
mit to teach in the schools of the state shall be granted 
to any person who is not a citizen of the United States, 
unless such person has resided in the United States 
for one year, at least, prior to the time of such appli- 
cation for such certificate or permit. Anv contract 
made in violation of this section shall be void. 

Sec. 876. (Amended.) FEES FOR CERTIFI- 
CATE. — Each applicant for a county certificate shall 
pay two dollars to the county superintendent, one dol- 
lar of which shall be paid into the countv teachers' 
institute fund to be used in support of teachers' insti- 
tutes or the teachers' training schools in the county, 
as otherwise provided, and one dollar of said fee shall 
be used by the superintendent of public instruction for 
such clerical assistance as he may deem necessary and 
competent for the reading of teachers' answer papers 
and work connected therewith. It shall be the dutv 
of the countv suoerintendent, immediately after each 
examination, to forward one dollar for each applicant 
for teacher's certificate to the superintendent of public 
instruction, such sums to be used bv him as hereinbe- 
fore provided. (See Sections 772 and 890.) 

Sec. 877. (Amended.) CERTIFICATES. WHEN 
REVOCABLE. — The county superintendent is au- 
thorized and required to revoke and annul, at any 
time, a certificate granted bv him or his predecessor 
for any cause which would have authorized or re- 
quired him to refuse to grant it, if known at the time 



Fee for certi- 
ficate. 



Revocation of 
certificate — 
when. 



STATE OF NORTH DAKOTA 



71 



it was granted, and for incompetency, immorality, in- 
temperance, cruelty, crime against the laws of the 
state, breach of contract, refusal to perform his duty 
or general neglect of the work of the school. The 
revocation of the certificate shall terminate the employ- 
ment of such teacher in the school where he may be 
at the time employed. Such teacher must be paid up 
to the time of receiving notice of such revocation. The 
county superintendent shall immediately notify the 
clerk of the school district where such teacher is em- 
ployed and he may notify the teacher, through the 
clerk, of such revocation, and he shall also notify the 
state superintendent of public instruction and each 
tounty superintendent in the state, and shall enter his 
action in such case in the books of record in his office. 
Sec. 878. PROCEEDINGS TO REVOKE. 
TEACHERS ALLOWED DEFENSE.— In proceed- 
ings to revoke a certificate the county superintendent 
may act upon his personal knowledge or upon com- 
petent evidence obtained from others. In the latter 
case, action shall be taken only after a fair .hearing, 
and the teacher must be notified of the charge and 
given an opportunity to make a defense at such time Revocation 
and place as may be stated in such notice. Upon his p"""^^^"^^- 
own knowledge the superintendent may act immediate- 
ly without notice, after an opportunity has been afford- 
ed such teacher for personal explanation. When any 
certificate is revoked the teacher shall return it to the 
superintendent but if such teacher refuses or neglects 
so to do the superintendent may issue notice of such 
revocation by publication in some newspaper printed 
in tne county. 

Article 13. — Duties of Teachers. 

Sec. 879. GIVE NOTICE OF OPENING AND 
CLOSING SCHOOL. — Each teacher on commencing 
a term of school shall give written notice to the county 
superintendent of the time and place of beginning such 
school and the time when it will probably close, and 
prior to receiving salary for the first month each 
teacher must exhibit his certificate to the clerk of the 
■district school board. If such school is to be sus- 
pended for one week or more in such term the teacher 
shall notify the county superintendent of such sus- 
pension. 

Sec. 880. WHEN TEACHER NOT ENTITLED 
TO COMPENSATION.— No teacher shall be en- 
titled to or receive any compensation for the time he 



Opening and 
closing school 
— notice. 



72 



GENERAL SCHOOL LAWS 



teaches in any public school without a certificate valid 
and in force for such time in the county where such 
school is taught, except that if a teacher's certificate 
shall expire by its own limitation within six weeks 
of the close of the term, such teacher niav finish such 
term without re-examination or renewal of such cer- 
tificate. 



No compensa- 
tion to teacher 
—when. 



Teacher's reg- 
ister. 



Report. 



Wages held 
back. 



School year. 
School week. 



Holidays. 



Course of 
study. 



Sec. 881. TEACHER'S REGISTER, WHAT TO 
CONTAIN. — Each teacher shall keep a school register 
and at the close of each term make a report, containing 
the number of visits of the county superintendent, and 
such items and in such form as shall be required. 
Such report shall be made in duplicate, both copies oi 
which shall be 'Sent to the county superintendent, who 
if he finds such report to be correct, shall immediately 
return one copy to the district clerk, same to be filed 
with him. No teacher shall be paid the last month's 
wages, in any term until such report shall have been 
approved by the county superintendent and one copy 
returned to the district clerk. 

Sec. 882. SCHOOL YEAR AND SCHOOL 
WEEK DEFINED. HOLIDA ifS.— The school year 
shall begin on the first day of July and close on the 
thirtieth day of June of each year. A school week 
sball consist of five days and a school month of twenty 
days. No school shall be taught on a legal holiday 
nor on any Saturday. A legal holiday in term time 
falling upon a day which otherwise would be a school 
day shall be counted and the teacher shall be paid 
therefor, but no teacher shall be paid for Saturday, 
nor be permitted to teach on Saturday, to make up for 
the loss of a dav in the term. {See Appendix D — 
Note 27.) 

Sec. 883. (Amended.) BRANCHES TO BE 
TAUGHT IN ALL SCHOOLS.— Each teacher in the 
common schools shall teach pupils as they are suffi- 
ciently advanced to pursue the same, the following 
branches : ' Orthography, reading, spelling, writing, 
arithmetic, language lessons, English grammar, geog- 
raphy, LTnited States history, civil government, physi- 
ologv and hygiene, giving special instruction concern- 
ing the nature of alcoholic drinks and other narcotics, 
and their efTect upon the human system. Physiolog)' 
and hygiene, including the nature of alcoholic drinks 
and other narcotics and their efifect upon the human 
system, shall be taught as thoroughly as anv branch 
is taught. All pupils in the above-mentioned schools 



STATE OF NORTH DAKOTA 



73 



Humane treat- 
ment of ani- 
mals 



below the hig^h school and above the third year of 
school work, computing from the beginning of the 
lowest primary year, shall receive instruction in this 
subject every year from text books adapted to grade 
in the hands of pupils, for not less than four lessons 
per week for ten weeks 'of each school year. In all 
schools above mentioned, all pupils in the lowest three 
primary school years shall each year be instructed 
orally in this subject for not less than three lessons 
per week for ten weeks of each school year by teachers 
using text books adapted to grade for such instruc- 
tion as a guide or standard. Each teacher in the 
schools in special districts and in the cities organized 
for school purposes under special law shall conform 
to and be governed by the provisions of this section. 

Sec. 884. TEACHING HUMANE TREAT- 
MENT OF ANIMALS.— That there shall be taught 
in the public schools of North Dakota, in addition to 
the other branches of study now prescribed, a system 
of study of the humane treatment of animals ; such 
instruction shall be oral and to consist of not less than 
two lessons of ten minutes each per week. The prin- 
cipal or teacher of every school shall certify in each 
of hiis or her reports that 'such instruction has been 
given in the school under his or her control. 

Sec. 885. TEACHERS' INSTITUTES AND 
TEACHERS' TRAINING SCHOOLS, HOW NO- 
TICED. PENALTY FOR FAILURE TO AT- 
TEND. — When a teachers' institute or teachers' train- 
ing school is appointed to be held in or for any county 
it shall be the duty of the county superintendent to 
give written or printed notice thereof to each teacher stltute^notlce 
in the public schools of the county, and as far as possi- °*' 
ble to all others not then engaged in teaching, who are 
holders of teachers' certificates, at least ten days before 
the opening of such institute or teachers' training 
school of the time and place of holding it. Each 
teacher receiving such notice, engaged in teaching a 
term of school which includes wholly or in part the 
time of holding such institute or teachers' training 
school, shall close school and attend the same and 
shall be paid bv the school board of the district his 
regular wages as teacher for the time he attended such 
institute or teachers' training school, as certified by 
the county superintendent, but no teacher shall receive 
pay unless he has attended four consecutive days nor 
shall any teacher receive pay for more than five days. 
The county superintendent may revoke the certificate 



Teachers' In- 



Sehools to 
close. 



74 



GENERAL SCHOOL LAWS 



Failure to at- 
tend—penalty. 



Exception. 



of any teacher in his county for inexcusable neglect 
or refusal after due notice, to attend a teachers' insti- 
tute or teachers' training school held for such county. 
The provisions of this section shall not apply to high 
school teachers, nor to teachers in cities organized 
for school purposes under a special law, nor to teachers 
in cities organized as independent districts under the 
provisions of this chapter. 

Sec. 886. PUPIL MAY BE SUSPENDED FOR 
CAUSE. — A teacher may suspend from school for not 
more than five days any pupil for insubordination or 
habitual disobedience, or disorderly conduct. In such 
case the teacher shall give immediate notice to the 
parent or guardian of such pupil, also to some mem- 
ber of the district school board of such suspension 
and the reason therefor. {See Sec. 82^.) 



Suspension of 
pupils. 



Pupils to be 
graded by 
teacher. 



Bible shall not 
be excluded. 



Moral instruc- 
tion. 



Sec. 887. ASSIGNMENT OF STUDIES TO 
PUPILS. — It shall be the duty of the teacher to 
assign to each pupil such studies as he is qualified 
to pursue, and to place him in the proper class in anv 
studies subject to the provisions in section 883; pro- 
vided, that in a graded school under the charge of a 
principal or local superintendent, such principal or 
superintendent shall perform this duty. In case any 
parent or guardian is dissatisfied with such assign- 
ment or classification, the matter shall be referred to 
and decided by the county superintendent. 

Sec. 888. BIBLE NOT SECTARIAN BOOK. 
READING OPTIONAL WITH PUPIL.— The Bible 
shall not be deemed a sectarian book. It shall not be 
excluded from any public school. It may at the option 
of the teacher be read in school without sectarian com- 
ment, not to exceed ten minutes daily. No pupil shall 
be required to read it nor be present in the school room 
during the reading thereof contrary to the wishes of 
his parents or guardian or other person having nim 
in charge. Moral instruction tending to impress upon 
the minds of pupils the importance of truthfulness, 
temperance, purity, public spirit, patriotism and re- 
spect for honest labor, obedience to parents and due 
deference for old age, shall be given by each teacher 
in the public schools.' 

Sec. 889. PHYSICAL EDUCATION.— Physical 
education, which shall aim to develop and discipline 
the body and promote health through systematic exer- 
cise, shall be included in the branches of study required 
by law to be taught in the common schools, and shall 



STATE OF NORTH DAKOTA 



75 



be introduced and taught as a regular branch to all 
pupils in all departments of the public schools of the 
state, and in all educational institutions supported 
wholly or in part by money from the state. It shall systematic 
be the duty of all boards of education and boards of Physical exer- 
educational institutions receiving money from the state, 
to make provision for daily instruction in all the 
schools and institutions under their respective juris- 
diction, and to adopt such method or methods as will 
adapt progressive phvsical exercise to the development, 
health and discipline of the pupils in the various grades 
and classes of schools and institutions receiving aid 
from the state. 

Article 14. — Institutes, Associations and Read- 
ing Circle. 

Sec. 890. TEACHERS' COUNTY INSTITUTE 
FUND. — All money received by the county superin- 
tendent from examination fees for the county institute 
fund, and all moneys paid into this fund from the 
county general revenue fund, shall be used by him to 
aid in the support of teachers' institutes or teachers' 
training schools, to be held within or for the county 
and to pay necessary expenses incurred therein. The 
county superintendent shall present an itemized state- 
ment, duly verified to the county auditor for the 
amount of all such necessary expenses and the auditor 
shall issue a warrant therefor as provided by law. 
The county superintendent shall, at the end of each 
year, submit a full and accurate statement of the 
receipts and expenditures of these funds, under oath, 
to the superintendent of public instruction. {See Sec- 
tions 11 2 and Syd.) 

Sec. 891. APPROPRIATION FOR INSTITUTE 
FUND. DESIGNATION OF CONDUCTORS.— 
There is hereby appropriated out of any funds in the 
state treasury, not otherwise appropriated, the sum of 
fifty dollars each year to each organized county in the 
state in which there are ten or more resident teachers, 
which shall be designated as the state institute fund 
and which shall be used exclusively in employing per- 
sons of learning, ability and experience as conductors 
of teachers' institutes, and the further sum of ten 
cents a mile for the distance actuall}^ and necessarily 
traveled by a lecturer for such institute. The superin- 
tendent of public instruction after consultation with Conductors, 
the county superintendents as to the special needs and 
wants of their respective counties, shall appoint the 



County Insti- 
tute fund. 



Appropriation 
to counties. 



76 GENERAL SCHOOL LAWS 

time, place and duration of these institutes and shall 
designate the persons to act as conductors of and 
lecturers at such institutes, as in his judgment the 
needs of the various counties demand. 

Sec. 892. (Amended.) INSTITUTE FUNDS, 
HOW PAID OUT.— It shall be the duty of the county 
superintendent of school in all cases to consult with 
the state superintendent of public instruction in refer- 
ence to the management of such institute or teachers' 
training school, and he shall carry out the sugges- 
tions of such state superintendent as to the modes of 
instruction. No salary shall be paid to any conductor 
or instructor not previously appointed or employed 
as herein provided. The money hereby appropriated 

paid. ^' ^ from the state treasury for the support of teachers' 
institutes or teachers' training schools shall be paid 
to the persons to whom it is due by warrant of the 
state auditor upon the state treasurer, which shall 
be issued upon the presentation of an account in due 
form, receipted by the person to whom due and ap- 
proved b}^ the state superintendent of public instruc- 
tion ; provided, that no county shall receive more than 
ten dollars from such appropriation for the payment 
of conductor's salary for each day its institute is in 
session ; provided, that the state and county institute 
funds specified by sections 890 and 891, and the ap- 
propriation specified by section 893 of one or more 
counties may be applied to the support of a teachers' 
training school for such count}^ or counties at the 
request of the county superintendent for such county 
or counties with the consent and under the direction 
of the state superintendent of public instruction ; pro- 
vided, further, that where a teachers' training school 
of not less than three weeks' duration is held within 
or for any county, the conductor of such training 
school and the county superintendent shall file a certified 
statement with the county auditor, specifying the time 
and place of such teachers' training school and the 

• . total number of schools and separate departments in 

graded and high schools in said county in which school 
has been taught at least four months during the pre- 
ceding school year. The county auditor shall file a 
copy of said statement with the county treasurer who 
shall therepuon transfer from the county general reve- 
nue fund to the county institute fund the sum of two 
dollars for each school or separate department in high 
and graded schools in the county, as per specified state- 
ment filed with the county auditor. 



STATE OF NORTH DAKOTA 



77 



School age. 



Defectives. 



Sec. 893. COUNTY COMMISSIONERS MAY 
AID INSTITUTES.— The money assigned for any 
particular institute may be added to any fund fur- 
nished for the purpose by any county, and the institute county com- 
extended as long as the entire fund will allow. If a ™^^^|^°^f^^g ^p. 
sufficient county fund is not otherwise provided, the propriations. 
board of county commissioners may appropriate not 
more than fifty dollars in any county each year in aid 
of institutes. The superintendent of public instruction 
may require a statement of the amount of funds the 
county has on hand for this purpose at any time. 

Article 15. — ^Compulsory Education. 

Sec. 894.' SCHOOL AGE, WHO EXEMPT 
FROM COMPULSORY ATTENDANCE.— Every 
parent, guardian or other person who resides in any 
school district or city, who has control of any child or 
children of or between the ages of eight and fourteen 
years, shall send such child or children to a public 
school in each year during the entire time the public 
schools of such district or city are in session, and 
every parent, guardian or other person having con- 
trol of any deaf or feeble minded child or youth be- 
tween seven and twenty-one years of age shall be 
required to send such deaf child to the school for the 
deaf at the city of Devils Lake, and any feeble minded 
child to the institution for the feeble minded at Graf- 
ton; provided, that such parent, guardian or other 
person having control of any child shall be excused Exceptions, 
from such duty by the school board of the district or 
by the board of education of the city or village when- 
ever it shall be shown to their satisfaction, subject to 
appeal as provided by law, that one of the following 
reasons therefor exists : 

1. That such child is taug'ht for the same length 
of time in a parochial or private school, approved by 
such board; that no school shall be approved by such 
board unless the branches usually taught in the public 
schools are taught in such schools. 

2 That such child is actually necessary to the sup- 
port of the family. 

3. That such child has already acquired the 
branches of learning taught in the public schools. 

4. That such child is in such a physical or mental ■ 
condition (as declared by the county physician, if re- 
quired by the board) as to render such attendance Distance. 
inexpedient or impracticable. If no school is taught 
the requisite length of time within three miles of the 



78 



GENERAL SCHOOL LAWS 



residence of such child 'by the nearest route, such at- 
tendance shall not be enforced, except in cases of con- 
solidated schools where transportation may be ar- 
ranged for by the school board; provided, that in dis- 
tricts where children reside beyond the three-mile 
limit and school facilities are not otherwise provided, 
the district school board shall provide transportation 
for such children to and from school. In districts hav- 
ing consolidated schools where transportation is ar- 
ranged for by the school board, or in other districts 
providing transportation, attendance shall be required 
of pupils residing within four miles of such school or 
schools, but this provision shall not apply to deaf or 
feeble minded children in this state. The common 
schools provided for in this chapter shall be at all 
times equally free, open and accessible to all children 
over six and under twenty years of age, residents of 
the school districts where they are held or entitled 
to attend school, Under any special provisions of this 
chapter, subject to the regulations herein made, and 
to such regulations as the several school boards and 
boards of education mav prescribe, equitably and justly 
and not in conflict with the provisions of law ; pro- 
vided, that no parent, guardian or person having con- 
trol over such child shall be prosecuted without being 
first notified by the county superintendent of schools 
or the president of the school board in the district in 
which said child resides, and being given ten days 
within which to comply with the law ; provided, fur- 
ther, that this section shall not be construed to apply 
to parents, guardians or other persons having control 
of any child or children between the ages of eight and 
fourteen, who desire to send such child or children 
for a period not exceeding four months in any year 
to any parochial school for the purpose of preparing 
such child or children for certain rehgious duties. 



Schools must 
be free. 



Neglect to 
sead children 
to school- 
penalty for. 



Sec. 895. PENALTY.— Any such parent, guard- 
ian or other person failing to comply with the require- 
ments of the foregoing section, shall upon conviction 
thereof be deemed guilty of a misdemeanor, and shall 
be fined in a sum not less than five nor more than 
twenty dollars for the first ofifense and not less than 
ten dollars nor more than fifty dollars for the second 
and every subsequent ofifense, with costs in each case. 

See. 896. (Amended.) PROSECUTION FOR 
NEGLECTING THIS DUTY.— It shall be the duty 
of the clerk or secretary of the board of education of 



STATE OF NORTH DAKOTA 



79 



President of 
school board 
must prose- 
cute. 



any city, town or village, or the clerk of the school 
board of any district to inquire into all cases of neg- 
lect of the duty prescribed in this article and to ascer- 
tain from the person neglecting to perform such duty 
the reason therefor, if any, and to notify the county 
superintendent of schools of such neglect ; and said 
county superintendent, upon proper presentation of 
facts, shall lay the matter before the state's attorney 
whose duty it will, be to proceed forthwith to secure 
the prosecution for any offense occuring under this 
article ; provided, further, that the board of education 
in any city of over five thousand inhabitants may em- Truant officer 
ploy a truant officer who shall perform the duties im- 
plied in this section. 



Sec. 897. CHILD LABOR PROHIBITED DUR- 
ING SCHOOL HOURS.— No child between e^ht 
and fourteen years of age shall be employed in any 
mine, factory or workshop or mercantile establishment 
or, except by his parents or guardian, in any other 
manner during the hours when the public schools in 
the city, village or district are in session, unless the 
person employing him shall first procure a certificate 
from the superintendent of schools of the city or vil- 
lage, if one is employed, otherwise from the clerk of 
the school board or board of education, stating that 
such child has attended school for the period of twelve 
weeks during the year, as required by law, or has been 
excused from attendance as iprovided in section 894 ; 
and it shall be the duty of such superintendent or clerk 
to furnish such certificate upon application of the 
parent, guardian or other persons having control of 
such child, entitled to the same. 

Sec. 898. PENALTY FOR VIOLATION.— Each 
owner, superintendent or overseer of any mine, factory, 
workshop or mercantile establishment, and ai^y other 
person who shall employ any child between eight and, 
fourteen years of age contrary to the provisions of this 
article, is guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined for each offense in a sum 
not less than twenty nor more than fifty dollars and 
costs. Each person authorized to sign a certificate as 
prescribed in the preceding section, who certifies to 
any materially false statement therein, shall be fined 
not less than twenty nor more than fifty dollars and 
costs. 

Sec. 899. PROSECUTIONS, HOW BROUGHT. 
— Prosecutions under this article shall be brousfht in 



Child labor 
prohibited— 
when. 



Penalty. 



80 



GENERAL SCHOOL LAWS 



the name of the state of North Dakota before any 
Prosecution. court of competent jurisdiction, and the fanes collected 
shall be paid over to the county treasurer and by him 
credited to the areneral school fund of the state. 



Neglect of 
duty by school 
offleer — penal- 
ty for. 



Falsifying 
election re- 
turns—penalty 
for. 



School officers 
not to be in- 
terested in 
contracts. 



Unlawful 
drawing of 
money— penal- 
ty for. 



Embezzlement 
— what is. 



Article 16. — Fines^ Forfeitures and Penalties. 

Sec. 900. PENALTY FOR NEGLECT OF 
DUTY BY SCHOOL DIRECTOR, TREASURER 
OR CLERK. — Each person duly elected to the office 
of director, treasurer or clerk of any district, who, 
having entered upon the duties of his office, shall neg- 
lect or refuse to perform any duties required of him 
by the provisions of this chapter shall upon conviction 
be fined in the sum of ten dollars and his office shall 
be deemed vacant. 

Sec. 901. PENALTY FOR FALSE ELECTION 
RETURNS. — Any judge or clerk of election, school 
district clerk or county auditor who wilfully violates 
the provisions of this chapter in relation to elections 
or who wilfully makes a false return shall upon con- 
viction be deemed guilty of a felony. 

Sec. 903. SPECULATION IN OFFICE PRO- 
HIBITED. — No school officer shall personally engage 
in the purchase of any school bonds or warrants nor 
shall any such officer be personally interested in any 
contract requiring the expenditure of school funds ex- 
cept for the purchase of fuel and such supplies as are 
in daily use, but not including furniture, or the ex- 
penditure of funds appropriated by the state, county, 
school corporation or otherwise for any school purpose 
connected with his office. Any violation of this sec- 
tion shall be a misdemeanor. {See Appendix B. — 
Sec. 9402.) 

Sec. 903. PENALTY FOR UNLAWFUL 
DRAWING OF SCHOOL MONEY.— Any person 
who draws money from the county treasury, who is 
not at the time a duly qualified treasurer of the school 
corporation for which he draws the money and author- 
ized to act as such, shall be guilty of a misdemeanor 
and shall upon conviction thereof be punished by a fine 
of not less than twenty-five dollars. 

Sec. 904. USE OF SCHOOL FUNDS. WHEN 
EMBEZZLEMENT.— Sach treasurer who shall loan 
any portion of the money in his hands belonging to 
any school district, whether for consideration or not, 
or who shall expend any portion thereof for his own 
or any other person's private use, is guilty of embezzle- 



STATE OF NORTH DAKOTA 



81 



Action on 
treasurer's 
bond. 



ment, and no such treasurer shall pay over or deliver 
the school money in his hands to any officer or person 
or to any committee to be expended by him or them; 
but all public funds shall be paid out only by the proper 
treasurer as hereinbefore provided. 

Sec. 905. ACTION TO RECOVER MONEY 
WHEN TREASURER FAILS TO PAY OVER.— 
If any person shall refuse or naglect to pay over any 
money in his hands as treasurer of a school district 
to his successor in office his successor must, without 
delay, bring action upon the official bond of such 
treasurer for the recovery of such money. {See Ap- 
pendix D—Note 13.) 

Sec. 906. PENALTY, WHEN INDORSEMENT 
OF UNPAID WARRANTS IS NOT MADE.— Any 
violation by a district treasurer of the provisions of this 
chapter requiring indorsement of warrants not paid 
for want of funds, and the payment thereof in the order 
of presentation and indorsement is a misdemeanor pun- 
ishable by a fine not exceeding one hundred dollars. 

Sec. 907. PENALTY FOR FALSE REPORTS. 
— Each clerk or treasurer of a district who wilfully 
signs or transmits a false report to the county super- 
intendent or wilfully signs, issues or publishes a false 
statement of facts purporting or appearing to be based 
upon the books, accounts or records, or of the affairs, 
resources and credit of the district shall upon convic- 
tion be punished by a fine not exceeding fifty dollars 
or by imprisonment in the county jail not exceeding 
fifteen days. {See Appendix B. — Sec. 306.) 



Failure to In- 
dorse unpaid 
warrants — 
penalty for. 



False reports 
—penalty for. 



Sec. 908. PENALTY FOR WILFUL DIS- 
TURBANCE OF PUBLIC SCHOOL.— Each person 
whether pupil or not, who wilfully molests or disturbs 
a public school when in session or who wilfully inter- 
feres with or interrupts the proper order of manage- 
ment of a public school by act of violence, boisterous 
conduct or threatening language, so as to prevent the 
teacher or any pupil from performing his duty, or who 
shall in the presence of the school or school children 
upbraid, insult or threaten the teacher shall upon con- 
viction thereof be punished by a fine not exceeding 
twenty-five dollars or by imprisonment in the county 
jail for a period not exceeding ten days, or by both. 

Sec. 909. (Amended.) PROPOSALS FOR CON- 
TRACTS. — No contract, except for teachers' or jani- 
tors' wages, or school text books, involving the ex- 
penditure of school funds or money appropriated for 



Disturbance 
of school— 
what is — pen- 
alty for. 



Contracts- 
how let. 



School Laws — 6] 



82 



GENERAL SCHOOL LAWS 



any purpose relating to the educational system of this 
state, or any county, district or school corporation 
therein, when the amount exceeds one hundred dollars, 
shall be let until proposals are advertised for, and after 
such advertisement, only to the lowest responsible bid- 
der. Any violation of this section shall be a misde- 
meanor. {See Sec. 918.) 



Article 17. — Bonds, 



Bonds— how Is- 
sued. 



Notice of elec- 
tion. 



How long 
posted. 



Voting. 



Sec. 910. (Amended.) SCHOOL BONDS, 
HOW ISSUED.— Whenever a duly constituted school 
district, including independent school districts, in any 
organized county in the state at any regular or special 
meeting held for that purpose shall determine 'by a 
majority vote of all the qualified voters of such school 
district present at such meeting and voting to issue 
school district bonds for the purpose of building and 
furnishing a school house and purchasing grounds on 
which to locate the same or to fund any outstanding 
indebtedness or for the purpose of taking up any out- 
standing bonds the district school board may lawfully 
issue such bonds in accordance with the provisions of 
this article. (See Apendix C. — I, h, e, f ; also Sec. 
pip; also Appendix D. — Sections 2414-2488.) 

Sec. 911. NOTICE OF ELECTION TO VOTE 
BONDS. — Before the question of issuing bonds shall 
be submitted to a vote of the school district, notices 
shall be posted in at least three public and conspicuous 
places in such district, stating the time and place of 
such meeting, the amount of bonds proposed to be 
issued and the time in which they shall be made pay- 
able. Such notices shall be posted at least twenty days 
before the meeting, and the voting shall be done by 
means of written or printed ballots, and all ballots de- 
posited in .favor of issuing bonds shall have thereon 
the words "for issuing bonds," and those opposed 
thereto shall have thereon the words "against issuing 
bonds," and if a majority of the votes cast shall be in 
favor of issuing bonds the school board, through its 
proper officers shall forthwith issue bonds in accord- 
ance- with such vote ; but if a majority of all votes cast 
are against issuing bonds then no further action can 
be had and the question shall not be again submitted 
to a vote for one year thereafter, except for a different 
amount; provided, that the question of issuing bonds 
shall not be submitted to a vote of the district and no 



STATE OF NORTH DAKOTA 



83 



Number of 
petitioners 
necessary. 



Denomination 
of bonds. 



Iilterest. 



Limit of Issue. 



meeting shall 'be called for that purpose ustil the dis- 
trict school board shall have been petitioned in writing 
by at least one-third of the voters of the district. 

Sec. 912. (Amended.) BONDS, DENOMINA- 
TION OF. INTEREST. LIMIT OF ISSUE.— 
The denominations of the bonds which may be issued 
under the provisions of this article shall be fifty dol- 
lars or some multiple of fifty, not exceeding five hun- 
dred dollars, and shall bear interest at a rate not ex- 
ceeding five per rent per annum, payable semi-annually 
on the first day of January and July in each year, in 
accordance with interest coupons which shall be at- 
tached to such bonds ; provided, that the amount of 
bonds, including all other indebtedness shall not ex- 
ceed five per cent of the assessed valuation of the 
school district and may be made payable in not less 
than ten or more than twenty years from their date. 

Sec. 913. BONDS, RECORD OF TO BE KEPT. 
— Whenever any bonds are issued under the provi- 
sions of this chapter they shall be lithographed or 
printed on bond paper and shall state upon their face 
the date of their issue, the amount of the bonds, to 
whom and for what purpose issued, also the time and 
place of payment and the rate of interest to be paid. 
They shall have printed upon the margin the words 
"Authorized by article 16 of chapter 9 of the political 
code of North Dakota of 1899." Immediately after 
the issuing of school bonds pursuant to this chapter 
the clerk of the school district so issuing its bonds 
shall file with the county auditor of the county in 
which such district is situated, certified copies of all 
the proceedings had In such district relative to the 
issuing of such bonds and also a statement of the 
amount of the Indebtedness of such school district ; 
and before any of the bonds are disposed of they shall 
be presented to the county auditor of the county in 
which the school district issuing the same Is situated. 
He shall carefully examine the records of the proceed- 
ings of such school district upon the question of issu- 
ing such bonds as the same are filed with him as here- 
inbefore directed, and shall satisfy himself by the evi- 
dence thus furnished whether or not all the laws of 
the state relative to the issuing of such bonds have 
been complied with. If satisfied that they have been 
and that the bonds in question have been legally is- 
sued, he shall In a book kept for such purpose pre- 
serve a register of each bond showing in separate 
columns the name of the school district issulnof the 



Description. 



Duties of 
clerli and 
county auditor 



Register. 



84 



GENERAL SCHOOL LAWS 



bonds, the number of such bonds, the denomination 
thereof, the date of their issue, the date when they 
will mature, the names of the school officers execut- 
ing the same and such other facts as may be pertinent 
and he shall then indorse on each of such bonds the 
following certificate : 



Auditors certl' 
flcate. 



Sinking fund 
and interest- 
tax levy for. 



Sclaool board 
may purcliase 
bonds. 



State of North Dakota. 



ss. 



County of ) 

I, , county auditor, do hereby certify 

that the within bond is issued ipursuant to law and is 
within the debt limit prescribed by the constitution of 
the state of North Dakota, and in accordance with 

the vote of school district at a 

(regular or special meeting held on the day 

of A. D. 190. ., to issue bonds to the amount 

of dollars, and is a legal and valid debt of 

such school district ; that such bonds are duly regis- 
tered in this office and that such school district is 
legally organized and the signatures affixed to such 
bonds are the genuine signatures of the proper officers 
of such school district. 

The blanks shall be filled according to the facts and 
the certificate officially signed by the county auditor 
and attested by his official seal. Such bonds shall be 
signed by the president and clerk of the school board 
and shall be registered in a book to be kept by the 
clerk for that purpose in which shall be entered the 
number, date and name of the person to whom issued 
and the date when the same will become due. {See 
Appendix D.—Note 23.) 

Sec. 914. SINKING FUND AND INTEREST 
TAX. — In addition to the amount that may already be 
assessed under existing laws there shall be levied upon 
the taxable property of the school district so issuing 
bonds at or before their issuance and collected as other 
taxes are collected a sum sufficient, not exceeding five 
mills on the dollar of assessed valuation of such dis- 
tricts, to pay interest upon such bonded indebtedness, 
and after five years in like manner a further tax not 
exceeding two mills on the dollar for a sinking fund 
to be used in payment of such bonds when they be- 
come due, and for no other purpose, except that when- 
ever there are sufficient funds on hand, belonging to 
such sinking fund, the school board may in its discre- 
tion, purchase any of the outstanding bonds at their 
market value and pay for the same out of such sink- 



STATE OF NORTH DAKOTA 



85 



ing fund ; provided, that the school district board may 
designate one or more national or state banks in its 
county for a depository for such sinking fund, and in Depositories, 
such case the school board shall advertise for at least 
two weeks in some newspaper printed in the county 
for sealed proposals for the deposit of the sinking fund 
of such school district, reserving the right to reject 
any and all bids, and satisfying itself of the responsi- 
bility of all banks proposing to act as depositories. 
Before any bank shall be designated as such deposi- 
tory, it shall present to the school board a sealed pro- 
posal stating in writing what rate of interest will be 
paid for the deposit of such sinking fund, and shall 
submit to the board for its approval, .a bond payable 
to the school district conditioned for the safe keeping 
and repayment of any funds deposited in such bank, 
which bond shall be signed by not less than three free- 
holders of the county as sureties, such bond to be in 
the sum required by the school board but in nO' case 
less than double the probable amount of funds to be 
deposited in such bank. The approval of such bond 
shall be indorsed thereon by the board and deposited 
with the county auditor, and any bank whose bond 
shall have been so approved shall thereupon be desig- 
nated by the school board as a depository for the sink- 
ing fund, and shall continue as such, until such time 
as the board shall readvertise for bids as aforesaid, 
or until such funds are needed for the payment or 
purchase of bonds as provided in this section. When 
the sinking fund of any school district is deposited 
by the school treasurer in the name of the school dis- 
trict in such depository, such treasurer and his sure- School treas- 
ties shall be exempt from all liability thereon by reason from ^iiabfiity 
of loss of any such funds from the failure, bankruptcy °^ deposit. • 
or any other act of any such bank, to the extent only 
of such funds in the hands of such bank or banks at 
the time of such failure or bankruptcy. Such deposi- 
tory shall furnish to the school district clerk prior to 
the fifth day of July of each year, a verified statement 
of the school district's account with such depository 
for the year ending June thirtieth, which statement 
shall show a credit to such deposit account of all sums 
of interest accruing on the sinking fund deposited. 
(Sec Sec. Qi6.) 

Sec. 915. BONDS, HOW NEGOTIATED.— . 

When any bonds shall be issued under the provisions ,, ., ., , 
r 1 • • ^ 1 111-- 111, Negotiation of 

ot this article, the school district treasurer shall have bonds. 

authority to negotiate and sell such bonds for not less 



86 



GENERAL SCHOOL LAWS 



than par, and the said school district treasurer shall 
apply the proceeds arising from the sale of such bonds 
only for the purpose of building and furnishing a 
school house and purchasing grounds on which the 
said school house shall be located, or to fund any out- 
standing indebtedness, or for the purpose of taking up 
any outstanding bonds, as provided by section 910 of 
this article. {See Appendix C. — VI, 1, d, e.) 

Sec. 916. COUNTY AUDITOR MAY LEV/ 
TAX TO PAY BONDS, WHEN.— When any school 
board neglects or refuses to levy a tax in accordance 
with law to meet outstanding bonds or the interest 
thereon, the county auditor shall have power to lev}^ 
such tax and when collected to apply the proceeds to 
the payment of such coupons and bonds. 



Tax levy to 
pay bonds — by 
county auditor 
— when. 



Bonds— can- 
celled how — 
record of. 



Building 
school house 
procedure. 



Bond by con- 
tractor. 



Sec. 917. CANCELLED BONDS, RECORD OF. 
— When the bonds of any school district shall have 
been paid by the school board they shall be cancelled 
by writing or printing in red ink the words "cancelled 
and paid" across each bond and coupon, and the date 
of payment and amount paid shall be entered in the 
clerk's register against the proper number of the 
bonds and bonds so cancelled shall be filed in the office 
of the district treasurer until all the outstanding bonds 
are paid, when they shall be destroyed in the presence 
of the full board. 

Sec. 918. PROPOSALS FOR BUILDING 
SCHOOL HOUSES.— When any school house is 
built with funds provided for in the manner herein 
authorized, the school board shall advertise at least 
thirty days in some newspaper printed in the county,, 
or by posting notices for the same length of time in 
at least three of the most public and conspicuous places 
if no newspaper is published in the county, for sealed 
proposals for building and furnishing such school 
house in accordance with plans and specifications fur- 
nished by the school board, reserving the right to reject 
any and all bids, and if any of the proposals shall be 
reasonable and satisfactory such board shall award the 
contract to the lowest responsible bidder and shall re- 
quire of such contractor a bond in double the amount 
of the contract, conditioned that he will properly ac- 
count for all money and propertv of the school district 
that may come into his hands and that he will perform 
the conditions of his contract in a faithful manner and 
in accordance with its provisions ; and in case all the 



STATE OF NORTH DAKOTA 87 

» 
proposals are rejected, such board shall advertise anew Re-advertise -- 
in the same manner as before until a reasonable bid ^iien. 
shall be submitted. {See Appendix B.) 

Sec. 919. PROVISIONS OF THIS ARTICLE, 
HOW APPLICABLE.— The provisions of this article 
shall be applicable to and authorize the issuance of 
bonds by such school districts as have already built 
school houses and issued orders or warrants therefor Districts with 
and any such school district may vote to bond the in- may bond. 
debtednes'S incurred by reason of building and furnish- 
ing a school house and purchasing a site for the same 
and bonds may be issued in the same manner as here- 
inbefore provided for building and furnishing school 
houses. 

Article 18. — School Funds. 

Sec. 920. SCHOOL FUNDS REQUIRED TO 
BE DEPOSITED. — All funds of each and every city 
or school district of this state shall be deposited by 
the treasurer of the city, county or school district, as 
soon as received by him, in the name of the city or deposited, 
school district of which he is an officer, in such bank 
or banks as shall have been designated as city or school 
district depositories in accordance with this article, as 
hereinafter provided. 

Sec. 921. DEPOSITORIES TO BE DESIG- 
NATED. — The city council or school board of each 
and every city or school district of this state, at its 
first regular meeting after this article shall take effect 
and at its first regular meeting in July of each odd tedelignated*° 
numbered year thereafter, shall designate one or more -when- 
national or state banks in its city or district or county 
as city or school district depositories, in which all of 
the funds of such city or school district shall be de- 
posited. 

Sec. 922. CITY AUDITOR OR SCHOOL 
CLERK TO ADVERTISE FOR PROPOSALS.— 
The city auditor or school clerk of each city or school 
district shall advertise in one or more newspapers of 
the city, county or village, for at least two weeks im- 
mediately prior to such meeting for sealed proposals ve^Hi^emlilt-^" 
for the deposit of funds of such city or school dis- when-contents 
trict, which advertisements shall state the date up to 
which such proposals will be received, which date 
shall be the day of the meeting of the city council 
or 'School board, at which such proposals are to be 
opened. Such proposals shall state in writing what 



GENERAL SCHOOL LAWS 



Proposals —con- 
sidered when 



rate of interest will be paid on average daily balances 
during the month, interest to be paid monthly on con- 
dition that such funds, with accrued interest, shall be 
held subject to draft at all times on demand. Such 
proposals shall be inclosed in sealed envelopes, ad- 
dressed to the city auditor or school clerk and marked 
"Proposals for deposit of city or school funds," and 
shall be by the city auditor or school clerk filed in his 
office. 

Sec. 923. HOW PROPOSALS ACTED ON. 
BOND REQUIRED.— Such proposals shall be pre- 
sented to the city council or school board at such meet- 
ings, and then, but not till then, shall be opened by the 
city auditor or school clerk in the presence of the 
council or school board, and the council or school 
board shall thereupon proceed to accept che proposal 
of the bank or banks offering the highest rate of in- 
terest, not inconsistent therewith, subject to the filing 
of a satisfactory bond as hereinafter provided, the 
amount of which bond shall then and there be fixed 
by the city council or school board. Before any bank 
shall be designated as such depository, it shall submit 
to the city council or school board for its approval a 
bond payable to the city or school district conditioned 
for the safe keeping and repayment of any and all 
funds deposited in such banks, which bond shall be 
signed by not less than five freeholders of the county 
or state as sureties ; such 'bond to be in the sum re- 
quired by the city council or school board, but in no 
case less than double the probable amount of funds 
to be deposited in such bank. If at any time the 
amount of funds on deposit in any such depositories 
shall exceed one-half of the amount named in such 
bond, it shall be the duty of the city council or school 
board at its next regular meeting thereafter to re- 
quire from such depository an additional bond in a 
sum not less than twice the amount of such excess. 
Such bond shall be approved by the city council or 
school board and the approval indorsed thereon by 
the mayor or president of the school board, and by 
him deposited with the city auditor or school district 
clerk ; and anv bank whose bond shall have been so 
approved shall thereupon be designated by the city 
council or school board as a city or school district 
depository and shall continue as such until such time 
as the city council or school board shall advertise for 
bids as aforesaid. If the city council or school board 
fails or refuses to approve such bond, the same may 



Bond of 
depository 



Bond approved 



STATE OF NORTH DAKOTA 



89 



Bond to be ap- 
proved by -whom 



Additional bond 
—when 



be presented to the judge of the district court, upon 
three days' notice to the city auditor or school dis- 
trict clerk, who shall proceed to hear and determine 
the sufficiency of such bond, and may approve such 
bond, and the said bank shall be dtclared a city or 
school district depository as aforesaid. The sureties 
on such bond shall be required to justify as required 
by law in arrest and bail proceedings ; provided, how- 
ever, that in lieu of such personal bond, the city coun- 
cil or school board may require such banks or bank to 
file a surety company bond for a sum equal to the 
amount of funds such bank may receive according 
to the provision of this article. If at ahy time the 
amount of funds such bank may receive according to 
the provisions of this article. If at any time the 
amount of funds on deposit in such depositories shall 
exceed the amount named in such surety company 
bond, it shall be the duty of the city council or school 
board at its next regular meeting thereafter to require 
from such depositories an additional surety bond in 
the sum of not less than the amount of such excess. 
Such surety company's bond shall be approved as pro- 
vided by law. 

Sec. 924. IN CASE BIDS ARE EQUAL, HOW 
DECIDED. — When two or more banks in the same 
city or village, proposing to be city or school district 
depositories, offer the same rate of interest, it shall 
be the duty of the city council or school board to select, ^quai bids- 
impartially, as many of such banks as depositories as how decided 
ofifer ample security for such deposits. In estimating 
the value of the security offered by any proposed de- 
pository the capital, surplus and general credit of the 
bank shall be taken into consideration, as well as the 
bonds proposed to be given. 

Sec. 925. TWO OR MORE BANKS MAY BE 
DESIGNATED. — In case two or more banks be des- 
ignated as depositories, the city or school district 
treasurer shall, as far as practicable, keep in each of 
the several depositories equal balances at all times ; 
provided, that in cities or villages where two or more 
banks are designated as depositories, the amount de- 
posited in any bank shall not exceed the capital of such 
bank ; provided, further, that in cities or villages where 
the city or school board deposits exceed the capital of 
the banks in said city or village, then the city council 
or school board shall deposit the funds of the city or 
school district in the banks of the city or village upon 
their giving a bond according to law. 



Two or more 
depositories 



90 



GENERAL SCHOOL LAWS 



Time deposits 



Depositories 
for time depos- 
its—how 
selected 



Rate of 
interest 



Funds to be de- 
posited in name 
of school dis- 
trict 



Sec. 926. WHEN TIME DEPOSITS MAY BE 
MADE. — ^Whenever there shall be accumulated in the 
sinking fund or any other revenue, city or school dis- 
trict fund, established by law, in any of the cities or 
school districts of this state, an amount of money 
exceeding- two hundred dollars, and for which there is 
no immediate use, the city council or school board of 
such city or school district is authorized and empow- 
ered to direct a time deposit of such funds for a period 
of one year or six months, as they may deem expe- 
dient, either in one or more of the city or school dis- 
trict depositories created by law, or such state or 
national bank as the city council or school board may 
designate. 

Sec. 927. HOW DEPOSITORIES FOR TIME 
DEPOSITS ARE SELECTED.— The depositories 
for such time deposits of the city or school district 
funds may be designated at any regular meeting of 
the city council or school board of such city or school 
district upon the advertisement and proposals as pro- 
vided by law for designating the depositories of the 
general city or school district funds, and the bank or 
banks designated as the depository or depositories of 
such time deposits of such city or school district funds 
shall be required to furnish a bond in the same amount, 
manner and form as prescribed by law for the sev- 
eral city and school district depositories. 

Sec. 928. MAXIMUM RATE OF INTEREST 
ON CALL DEPOSITS.— To further secure the safety 
of the city or school district funds deposited under the 
provisions of this article the city council or school 
board shall satisfy itself of the responsibility of the 
several banks proposing to act as depositories, and 
any bank offering more than four per cent per annum 
on deposits, subject to check, shall not be designated 
as a depository under the provisions of this article; 
provided, this act shall not apply to school districts in 
incorporated cities or villages. 

Sec. 929. IN WHOSE NAME DEPOSITED.— 
All funds of the city or school district shall be de- 
posited in the name of the city or school district by 
the city treasurer or treasurer of the school district, 
as soon as received by him, in such bank or banks as 
shall have been designated as city or school district 
depositories. 

Sec. 930. PENALTY FOR VIOLATION.— If 
any city or school district treasurer shall deposit any 



STATE OF NORTH DAKOTA 



91 



of the funds of his city or school district or loan the 
same in any manner except according to the provi- 
sio^js of this article, he shall 'be liable to a penalty of ^"^^ ^ 
five hundred dollars for each deposit or loan so made. 

Sec. 931. BANKS TO FURNISH MONTHLY 
STATEMENTS.— Each depository shall furnish to 
the city auditor or clerk of the school district on the 
first day of each month an itemized statement of the 
account of the city or school district with such deposi- 
tory, duly verified by the affidavit of the cashier of 
such bank, which statement shall be filed and carefully 
preserved in the office of the city auditor or school Banks must fur- 
clerk. All sums of interest accruinsf on the funds ?HL™'*°J^^^ 

1. 1 statement 

deposited as aforesaid shall be credited to such de- 
posit account on the first day of each month for the 
preceding month, and a statement of such interest 
shall be rendered by such depository to the city 
auditor or school clerk on the first day of each month 
and the auditor or clerk shall charge the treasurer with 
the amount thereof and credit the sum to the general 
funds of the city or school district. 

Sec. 932. HOW CHECKS SHALL BE SIGNED. 
— All checks drawn upon the city or school district 
depositories shall be signed by the city or school dis- 
trict treasurer in the name of the city or school dis- 
trict, by himself as treasurer. 



Checks— how 
signed 



Sec. 933. WHEN BIDS NOT REQUIRED.— It 
is the duty of the officers mentioned in this article 
to comply with the provisions hereof; provided, that 
in cities or villages where only one bank is located, 
the city counsel or school board shall designate such When bids are 

•' . . ... , . , " , . not required 

bank or other bank withm this state the depository 
without advertising for bids, if such bank agrees to 
pay interest at the rate of at least two per cent per 
annum and furnishes a bond as hereinbefore provided 
for the safe keeping and repayment of any funds 
deposited in such bank. In cities or villages or coun- 
ties where there is no bank or where no bank offers 
to comply with the requirements of this act, the city Banks outside 
council or school board must designate some bank tJ^« district 
or banks outside of such city or village and within 
this state as such depositories, but [such] bank or 
banks must furnish a bond in the same manner as other 
depositories. 

Sec. 934. TREASURER NOT LIABLE FOR 
FUNDS DEPOSITED BY REASON OF BANK 
FAILURE. — When the funds of any city or school 



92 



GENERAL SCHOOL LAWS 



district are deposited by the city or school district 
treasurer as provided herein, such treasurer and his 
sureties shall be exempt from all liability thereon by 
reason of the loss of any funds from the failure, bank- 
ruptcy or any other act of such bank to the extent only 
of such funds in the hands of such bank or banks at 
the time of such failure or bankruptcy. 



Treasurer, when 
exempt from 
liability 



Exceptions 



Violation mis- 
demeanor 



Special 
districts. 



What may be- 
come. 



Formed from 
other district. 



Division— how 
accomplished. 



,Sec. 935. EXCEPTIONS TO LAW.— It shall not 
be incumbent upon the city council or school board 
to designate depositories as herein provided for until 
the amount in such city or school treasury equals or 
exceeds the sum of five hundred dollars. 

Sec. 936. VIOLATION CONSTITUTES MIS- 
DEMEANOR. — Any officer violating any of the pro- 
visions of this article shall be deemed guilty of a mis- 
demeanor. 

Article 19. — Special Districts. 

Sec. 937. (Amended.) CITIES GOVERNED 
BY THE PROVISIONS OF THIS ARTICLE.— 
All cities and incorporated towns and villages which 
have heretofore been organized under the general 
school laws, and w'hich are provided with a board of 
education, shall be governed by the provisions of this 
article. Any city or incorporated town or village, 
having a population of over one hundred and fifty 
inhabitants may be constituted a special school district 
in the manner hereinafter prescribed, and shall then 
be governed by the provisions of this article ; provided, 
that any city heretofore organized for school purposes 
under a special act, may adopt the provisions of this 
article by a majority vote of the voters therein, in the 
same manner as is provided for the organization of a 
new corporation under the provisions of this article. 
(See Sec. 952.) 

Sec. 938. SPECIAL SCHOOL DISTRICTS, 
CREATION OF. — Whenever any platted or incorpo- 
rated city, town or village having a population of over 
two hundred inhabitants shall constitute a portion of 
a school district, it may be organized into a special 
school district, alone or with contiguous territory, 
and the property and indebtedness of such organized 
school district divided as hereinafter provided. 

Sec. 939. SUPERINTENDENT SHALL CALL 
ELECTION ON PETITION. WHEN.— In such 
cases a petition signed by a majority of the voters of 
such school district, including women who are legal 



STATE OF NORTH DAKOTA 



93 



voters, as shown by the last election therein, may be 
presented to the county superintendent of schools for 
the division of such school district and the org-aniza- 
tion of such city, town or village together with such 
territory contiguous thereto as may be described in 
said petition into a special school district, and setting 
forth in detail the boundaries of such proposed special 
districts, the manner and terms of the division of the 
property, real and personal, and the indebtedness, 
bonded or otherwise, of such school districts as desired 
by the petitioners, and thereupon such superintendent 
shall within five days call an election to be held in 
such proposed special school district, incorporated city, 
town or village, and an election to be simultaneously 
held in that portion of such school district, situated 
outside of such proposed special school district, city, 
town or village. 

Sec. 940. ^NOTICE GIVEN. ELECTION, HOW 
HELD. — Such superintendent shall cause jiotice of Notice of the 

• ... ClGCtiOIl UV 

each of such elections to be given by publishing notice publication, 
thereof, stating the tim'e and place of holding such 
elections, in a newspaper published in such school dis- 
trict [if any, and if there is no newspa,per published 
in such school district], then by posting notices of gy posting, 
the election to be held in such proposed special school 
district, city, town or village in five public places in 
said district outside of such proposed special school 
district, city, town or village. Such notices shall be 
posted or published not less than ten days nor more 
than fifteen days before such an election. Such super- 
intenednt shall appoint judges and clerks of such elec- 
tions and the same shall be held and conducted in the Election offi- 
same manner, and the polls shall be opened and closed 
at the same time as in other school district elections, 
and the result of such elections shall be certified and 
delivered to such superintendent within three days 
after the close of the polls. 

Sec. 941. BALLOTS, HOW PRINTED.— There 
shall be printed on the ballots used at such elections 
the following statement : "For the division of (here 
state the name of the district to be divided) and the 
division of its property and debts as follows: (Here Ballots —form 
state the boundaries of the proposed special school dis- 
trict and the manner and terms of such division as 
set forth in the petition filed.)" The voter shall write 
after such statement the word "Yes" if in favor of 
such division, and the word "No" if against it. 



of. 



94 



GENERAL SCHOOL LAWS 



Se.c. 942. SUPERINTENDENT SHALL NOTI- 
FY PRESIDENT OF SCHOOL BOARD.— Such 
superintendent shall thereupon forthwith notify the 
president of the school board of such school district 
and the auditor or clerk of such city, town or village, 
of the result of such elections. 



Notice of re- 
sult to school 
board. 



District divid- 
ed—when. 



Election of of- 
ficers for new 
district. 



Division of 
property and 
debts. 



Division of 
bonded indebt- 
edness—and 
levy therefor. 



Sec. 943. DISTRICTS CONSTITUTED.— If 
such elections shall each be in favor of the division 
of such school district, such proposed special school 
district, city, town or village shall thereafter constitute 
a special school district, and such original school dis- 
trict situated outside of such special school district, 
city, town or village shall constitute a school district. 

Sec. 944. ELECTION OF OFFICERS FOR 
SPECIAL DISTRICT AND DISTRICT.— The 
county superintendent shall thereupon call an election 
for the election of officers of such special school dis- 
trict and school district, of which notice shall be given 
for at least fifteen days, which elections shall be held 
as in other cases, in school districts, and special school 
districts, and such special school district shall there- 
after be subject to all provisions of law affecting 
other school districts. 

Sec. 945. DIVISION OF PROPERTY.— Such 
school district and such special school district shall 
thereupon proceed to divide the property of such 
original school district according to such petition and 
shall be bound respectively to pay the indebtedness of 
such district as provided in such petition, and may 
make any contracts or conyevances necessary to carry 
into effect all the provisions of such petition. 

Sec. 946. BONDED INDEBTEDNESS. TAX 
TO BE LEVIED TO PAY.— In case such original 
school district shall have outstanding any bonded debt 
for the payment of which no sufficient levy of taxes 
has been made, the board of education of such special 
school district and the school board of such school 
district, shall at the time of making the next annual 
tax levy, levy a tax sufficient to pay the interest and 
also the principal of so much of such bonded debt 
as shall be assumed by such special school district and 
such school district respectively as the same mature 
and shall designate the amount of such tax to be 
collected in each year thereafter, and shall certify 
such levy to the county auditor who shall thereupon 
enter and extend upon the tax list in each year the 
amount of such tax to be collected in that year. 



STATE OF NORTH DAKOTA 



95 



Formation of 
special dis- 
tricts under 
present law. 



ter- 
ritory—how at- 
tached. 



Sec. 947. BONDED DEBT. SPECIAL SCHOOL 
DISTRICT AND SCHOOL DISTRICT TO PAY. 

— Such special school district and such school district same, 
shall provide for and pay according to the terms of 
the bonds, such portion of such bonded debt as is as- 
sumed by it. 

Sec. 948. FORMATION OF UNDER PRES- 
ENT LAW NOT PROHIBITED.-^Nothing in this 
act shall be construed to prevent or affect the forma- 
tion of special school districts in accordance with pro- 
visions of law now in force, or to require the equaliza- 
tion or adjustment of the property assets or indebted- 
ness of districts formed under the provisions of this 
act, otherwise than as herein provided. 

Sec. 949. (Amended.) ADJACENT TERRI- 
TORY, HOW ATTACHED FOR SCHOOL PUR- 
POSES. — When any city, town or village has been 
organized for school purposes and provided with a 
board of education under anv general law, or a special 
act, or under the provisions of this article, territory 
outside the limits thereof but adjacent thereto may be Adjacent 
attached to such city, town or village for school pur- 
poses by the board of education thereof, upon applica- 
tion in writing signed by a majority of the voters of 
such adjajcent territory; provided, that no territory 
shall be annexed which is at a greater distance than 
three miles from the central school in such soecial dis- 
trict, except upon petition signed by two-thirds of the 
school voters residing in the territory which is at a 
greater distance than three miles from the central 
school in such special district ; and, upon such applica- 
tion being made, if such board shall deem it proper 
and to the best interests of the school of stich corpo- 
ration and of the territory to be attached, an order 
shall be issued by such board attaching such adjacent 
territory to such corporation for school purposes, and 
the same shall be entered upon the records of the 
board. Such territory shall from the date of such 
order be and compose a part of such corporation for 
school purposes only. Such adjacent territory shall be 
attached for voting purposes to such corporation, or, 
if the election is held in wards, to the ward or wards 
or election 'precinct or precincts to which it lies adja- 
cent ; and the voters thereof shall vote only for school 
officers and upon such school questions ; provided, that 
nothing in this act shall prevent any such adjacent ter- 
ritory being annexed because of such adjacent terri- 
tory being in an adjoining county, and that the county 



96 



GENERAL SCHOOL LAWS 



commissioners shall detach anv part of such adjacent 
territory which is at a greater distance than three miles 
from the central school in such special district and 
attach to any adjacent school or special district or dis- 
tricts upon petition to do so, signed by three-fourths of 
the legal voters of such adjacent territory, and all 
assets and liabilities shall be equalized according to 
section 864. 

Sec. 950. NAME OF BODY CORPORATE.— 
Every such district shall be a body corporate for school 
purposes by the name of "The board of education of the 

city, town or village (as the case may be) of 

(here insert the corporate name of the city, town or 
village) of the state of North Dakota," and shall pos- 
sess all the powers and duties usual to corporations for 
public purposes or conferred upon it by this article 
or which may hereafter be conferred upon it by law ; 
and in such name it may sue and be sued, contract and 
be contracted with, and hold and convey such real and 
personal property as shall come into its possession by 
will or otherwise ; and it shall procure and keep a cor- 
porate seal by which its official acts may be attested. 



Name and 
powers of 
school corpora- 
tion. 



School proper- 
ty — how con- 
veyed. 



Organization 
of special 
school districts 



Sec. 951. CONVEYANCE OF SCHOOL PROP- 
ERTY, HOW EXECUTED.— Any such city or in- 
corporated town or village is authorized and required 
upon the request of the board of education, tO' con- 
vey to such board of education all property within the 
limits of any such corporation heretofore purchased 
by it for school purposes and now held and used for 
such purposes, the title to which is vested in any such 
civil corporation. All conveyances for such property 
shall be signed by the mayor or president of the board 
of trustees and attested by the clerk of such corpora- 
tion, and shall have the seal of the corporation affixed 
thereto and be acknowledged by the mayor or presi- 
dent in the same maner as other conveyances of real 
estate. 

Sec. 952. SPECIAL SCHOOL DISTRICTS, 
HOW ORGANIZED.— When a petition signed by 
one-third of the voters of a city, incorporated town or 
village or a school district, in which is located a city 
or incorporated town or village entitled to vote at such 
election, is presented to the council or trustees of such 
city, incorporated town or village or school district, 
asking that such city, incorporated town or village 
or school district be organized as a special school dis- 
trict, such council or board of trustees shall within ten 



STATE OF NORTH DAKOTA 



97 



days order an election for such purpose, notice of 
which shall be given, and the election conducted and 
the returns made in the manner provided by law for 
the annual school election ; and thv^ voters of such city, 
incorporated town or village or school district shall 
vote for or against organization as a special school dis- 
trict at such election. {See Sec. 937.) 

Sec. 953. ELECTION OF BOARD OF EDUCA- 
TION. — If a majority of the votes cast at such election 
is for organization as a special school district, anotner 
election shall be called in the same manner as is pre- 
scribed in the foregoing section, at which the voters of 
such city, incorporated town or village or school dis- 
trict shall elect five members of the board of educa- 
tion, two ■ of whom shall serve until the first annual 
election, two until the second annual election, and one 
until the third annual election thereafter, and until 
their successors are elected and qualified, and their 
respective terms shall be determined by lot. 



Board of edu- 
cation — elec- 
tion of. 



Sec. 954. TERMS OF OFFICE. QUORUM.— 
The board of education of each special district shall 
consist of five m.embers who shall be elected by the 
legal voters thereof and who shall hold their office 
for the term of three years and until their successors 
are elected and qualified, except as provided for first 
elections under this article, and three members shall 
constitute a quorum for the transaction of business at 
any legal meeting. 

Sec. 955. MEMBERS NOT TO BE INTER- 
ESTED IN SCHOOL CONTRACTS.— The mem- 
bers of such board shall receive no compensation, and 
shall not be interested, directly or indirectly, in any 
contract for making any improvements or repairs or 
for erecting any building or for furnishing any mate- 
rial or supplies for their district. 

Sec. 956. ANNUAL AND SPECIAL MEET- 
INGS OF BOARD.— The annual meeting of such 
board of education shall be held on the second Tuesdav 
in July following the annual election, at which time 
the newly elected members shall assume the duties of 
their office. Each board shall meet for the transac- 
tion of business as often as once in each calendar 
month thereafter and may adjourn for a shorter time. 
Special meetings may be called by the president or 
in his absence by any two members of the board by 
giving a personal notice to each member of the board 



Number— term 
of office — 
quorum. 



Board to re- 
ceive no com- 
pensation nor 
be interested 
in contracts. 



Meetings. 



Special meet- 
ings. 



School Laws — 7 



98 



GENERAL SCHOOL LAWS 



or by causing a written or printed notice to be left at 
his last place of residence at least, forty-eight hours 
before the time of such meeting. 

Sec. 957. ORGANIZATION OF BOARD.— At 
the annual meeting on the second Tuesday in July of 
each year such board of education shall organize by 
electing a president from among its members who shall 
serve for one year ; and they shall also elect a clerk, 
not one of their own number, who shall hold his office 
during the pleasure of the board and receive such com- 
pensation for his services as shall be fixed by the board. 
In the absence of the president at any meeting, a presi- 
dent pro tempore may be elected by the board. 

Sec. 958. DUTIES OF PRESIDENT.— The 
president shall preside at all meetings of the board, 
appoint all committees whose appointment is not other- 
wise provided for and sign all warrants ordered by the 
board to be drawn upon the treasurer for school 
moneys and perform other acts required bv law. 



Officers of 
board. 



Clerk. 



Duties of 
President. 



Duties of clerk 



Records. 



School board — 
powers and 
duties. 



Establish free 
schools. 



Maintain or 

discontinue 

same. 



High schools. 



Sec. 959. DUTIES OF CLERK. RECORDS.— 
The clerk shall keep a true record of all the proceed- 
ings of the board, take charge of its books and docu- 
ments, countersign all warrants for school moneys 
drawn upon the treasurer by order of the board and 
affix the corporate seal thereto and perform such other 
duties as the board may require. The records, books, 
vouchers and papers of the board shall be open to 
examination by any taxpayer of the district. Such 
record or a transcript thereof certified by the clerk and 
attested by the seal of the board, shall be received in 
all courts as prima facie evidence of the facts therein 
set forth. 

Sec. 960. POWERS AND DUTIES OF BOARD. 
— Each board of education shall have power and it 
shall be its duty: 

1. To establish a system of graded common schools 
which shall be free to all children of legal school age, 
residing within such special district, and shall be kept 
open not less than six nor more than ten months in 
any year. 

2. To establish and maintain such schools in its 
city, town or village as it shall deem requisite or expe- 
dient and to change or discontinue the same. 

3. To establish and maintain a high school, when- 
ever in its opinion the educational interests of the cor- 
poration demand the same, in which such courses of 
study shall be pursued as shall be prescribed or ap- 



STATE OF NORTH DAKOTA 



99 



School houses 



Build same. 



Property and 
fuel. 



Custodians oT 
property. 



proved by the superintendent of public instruction, 
together with such additional courses as such board of 
education may thereafter deem advisable to establish. 

4. To purchase, sell, exchange and hire school 
'houses and rooms, lots or sites for school houses, and 
to fence and otherwise improve them as it deems 
proper. {See Appendix C. — VI, 1, a-h.) 

5. Upon such lots and upon such sites as may be 
owned by such special district to build, alter, enlarge, 
improve and repair school houses, outhouses and ap- 
purtenances as it may deem advisable. 

6. To purchase, sell, exchange, improve and re- 
pair school apparatus, text books for the use of the 
pupils, furniture and appendages and to provide fuel 
for the schools. 

7. To have the custody of all school property of 
every kind ,and to see that the ordinances and by-laws 
of the city or village in relation thereto are observed. 

8. To contract with, employ and pay all teachers 
in such schools and to dismiss and remove for cause 
any teacher whenever the interests of the school may 
require it; but any such teacher shall be required to 
hold ,a certificate to teach, issued by the county super- 
intendent or the superintendent of public instruction, 
and if any such teacher holds only a county certificate 
the board may impose such further requirements as 
the best interests of the several grades may require. 
No person who is a relative of any member of the 
board shall be employed as teacher without the con- 
currence of the entire board. 

9. To employ, should it deem expedient, a compe- 
tent and discreet person as superintendent of schools 
and to fix and pay a proper compensation therefor, and 
such superintendent may be required to act as principal 
or teacher in such school. 

10. To defray the necessary and contingent ex- 
penses of the board, including the compensation of its 
clerk. 

11. To adopt, alter and repeal, whenever it may 
deem expedient, rules and regulations for organizing, 
grading, government and instruction and the reception 
of pupils, their suspension and expulsion and their 
transfer from one school to another. But no pupil 
shall be suspended or expelled except for insubordina- 
tion, habitual indolence or disorderly conduct; such 
suspension shall not be for a longer period than ten 
days, nor such expulsion beyond the end of the current 
term of school. 



Teachers. 



Superintende"! 



Expenses of 
board. 



Grading and 
government. 



100 



GENERAL SCHOOL LAWS 



Visit schools. 



Make report. 



Publish same. 



Admit non- 
residents. 



School census. 



Moneys to be 
paid to treas- 
urer 



Supervision of 
schools. 



Taxable prop- 
erty. 



Levy not to ex- 
ceed 30 mills. 



12. Each member shall visit, at least twice in each 
year, all the public schools in the city or village. 

13. To make a report on July first, or as soon there- 
after as practicable, of the progress, prosperity and 
condition, financial as well as educational, of all the 
schools under its charge, a copy of which, together with 
such further information as shall be required by the 
superintendent of public instruction, shall be forwarded 
to the county superintendent, the same as reports are 
made by other school districts ; and such report or such 
portion thereof as the board of education shall consider 
advantageous to the pubhc, shall be published in a 
newspaper in the city or village, and in cities and vil- 
lages of over eight hundred inhabitants 'it may be pub- 
lished in pamphlet form. 

14. To admit children of persons not living in such 
special district into the schools of such district, and to 
fix and collect the tuition therefor, if in its judgment 
the best interests of the school will permit. 

15. To cause an enumeration of the children of 
school age within such special district, including those 
residing in any territory thereto attached for school 
purposes, to be made annually, as provided for other 
school districts, and return the same to the county 
superintendent. 

Sec. 961. TREASURER, CUSTODIAN OF 
SCHOOL MONEYS.— All moneys from whatever 
source, which the board of education of any special dis- 
trict shall by law be authorized to receive, shall be 
paid over to the treasurer of such board and he shall 
charge the same to the proper fund. 

Sec. 962. —SCHOOL UNDER SUPERVISION 
OF WHOM. — The schools of each special district 
shall be under the immediate supervision of the board 
of education or the school superintendent appointed 
by such board, subject to such general directions and 
supervision by the county superintendent as are pro- 
vided for in this chapter. 

Sec. 963. TAXABLE PROPERTY.— The tax- 
able property of the whole school corporation including 
the territory attached for school purposes shall be sub- 
ject to taxation. All taxes collected for the benefit of 
the school shall be paid in money, and shall be placed 
in the hands of the treasurer, subject to the order of 
the board of education. 

Sec. 964. ANNUAL SCHOOL TAX.— The board 
of education shall on or before the twentieth day of 
July of each year levy a tax for the support of the 



STATE OF NORTH DAKOTA 



101 



schools oi the corporation, including any expenditures 
allowed by law, for the fiscal year next ensuing, not 
exceeding in any one year thirty mills on the dollar on 
all the real and personal property within the district 
which is taxable according to the laws of this state, 
the amount of which levy the clerk of the board shall 
certify to the county auditor, who is authorized and 
required to place the same on the tax roll of such 
county to be collected by the county treasurer as other 
taxes and paid over by him to the treasurer of the 
board of education, of whom he shall take a receipt in 
duplicate, one of which he shall file in his office and 
the other he shall forthwith transmit to the clerk of 
the board of education. 

Sec. 965. EXPENDITURES. CONTRACTS.— 
No expenditures involving an amount greater than one 
hundred dollars shall be made except in accordance 
with the provisions of a written contract, and no con- 
tract involving an expenditure of more than five hun- 
dred dollars for the purpose of erecting any public 
buildings or making any improvements shall be made 
except upon sealed proposals and to the lowest respon- 
sible bidder, after public notice for ten days previous 
to receiving such bids. 



Contracts- 
how let. 



For buildings 
or improve- 
ments. 



City or town 
treasurer ex- 
offlcio school 
treasurer. 



Duties of 
treasurer. 



Sec. 966 TREASURER.— The treasurer of any 
city, town or village comprising a special district shall 
be treasurer of the board of education thereof. 

Sec. 967. TREASURER, DUTIES OF.— The 
treasurer of each board of education shall keep a true 
account of the receipts and expenditures of the various 
funds separately, and shall prepare and submit in writ- 
ing a quarterly report of the state of the finances of 
the district, and shall, when required, produce at any 
meeting of such board of any commmittee appointed 
for the purpose of examining his accounts, all books 
and papers pertaining to his ofdce. He shall safely 
keep in his possession or under his control all school 
monevs coming into his hands, and shall pay out such 
moneys only upon a warrant signed by the president, Pay money on- 
countersigned by the clerk and attested by the corpo- warrant.^''°"^ 
rate seal of the board. 

Sec. 968. TREASURER'S BOND.— The treasurer 
of the board shall execute a bond to such board, with 
sufficient sureties to be approved by the board, in such 
sum and as such board may from time to time require. Bond of treas- 
as near as can be ascertained in double the amount of "r®'"- 
the moneys likely to come into his hands, conditioned 



i02 



GENERAL SCHOOL LAWS 



for ithe faithful discharge of his duties as treasurer; 
which bond shall be in addition to his bond to the city,- 
town or village. In case of the failure of the city, town 
or village treasurer to give such bond within ten days 
after being required so to do by such board of educa- 
tion, such treasurer's office shall become vacant and the 
council or (board of trustees of such city, town or vil- 
lage shall appoint another person in his place, who shall 
give such additional bonds. {See Appendix D. — Note 

U.) 



"Vacancy on 
failure to give. 



Board assumes 
control — when. 



Special dis- 
trict part of 
general district 
— wlien. 



How. 



Sec. 969. BOARD ASSUMES CONTROL 
AFTER EQUALIZATION OF DEBTS AND 
PROPERTY. — When any board of education shall be 
organized under the provisions of this article, it shall, 
after the equalization hereinafter provided for, assume 
control of the schools of the city,, town or village, and 
shall be entitled to the possession of all property of the 
former district or districts or parts thereof lying with- 
in such city, town or village, for the use of schools. 
Such board shall also be entitled to its due proportion 
of all moneys on hand and taxes already levied but 
not collected, and shall be liable for a proper amount 
of the dehts and liabilities of such former district, to 
be determined in the manner provided in this chapter 
for the equalization, determination and division of 
debts, property and assets of school districts consoli- 
dated or divided. 

Sec. 970. SPECIAL DISTRICT MAY BECOME 
PART OF GENERAL DISTRICT, WHEN.— Any 
special district organized under the general school laws 
and provided with a board of education may become 
a part of the school district in which it is located, when- 
ever it is so decided by a majority vote of the school 
electors of the city, town or village and of such school 
district voting at an election called for that purpose. 
An election for such purpose shall be ordered and 
proper notice thereof given by the board of education 
and the school board of such district in the same man- 
ner as is required for the election of school officers in 
such district, when petitioned by one-third of the voters 
resident in such district, and when so united the de- 
termination and division of the debts, property and 
assets shall be made by arbitration as provided in this 
chapter for school districts consolidated or divided. 
Villages not incorporated but heretofore organized 
under the general school laws and provided with a 
board of education shall become a part of the school 



STATE OF NORTH DAKOTA 



103 



district in which they are located and the determina- 
tion and division of the property, debts and assets shall 
be made by arbitration as aforesaid. 

Sec. 971. ELECTION OF BOARDS OF 'EDU- 
CATION IN SPECIAL DISTRICTS.— On the third Election of 
Tuesday in June each year an election shall be held ^oard of edu- 
in each special district at which such members of the 
board of education shall be elected at large as shall be 
necessary to fill all vacancies therein caused by ex- 
piration of terms of office or otherwise, and each mem- 
ber elected shall serve for a term of three years, com- 
mencing on the second Tuesday in July following his 
election and until his successor is elected and qualified 
except when elected to serve an unexpired term. The 
polls shall be open at 9 o'clock A. M. and kept open 
until 4 o'clock P. M. on the day of such election. 



cation. 



Term. 



Polls open. 



Sec. 972. NOTICE OF ELECTION, CON- 
TENTS OF. — Such election shall be called by the 
board of education of such special district, which shall 
cause notice thereof to be posted or published as re- 
quired by law for the annual election of civil officers 
in the city, town or village comprising such special Notice. 
district ; such notice shall be signed by the clerk, or, in 
his absence, by the president of the board of education 
of such district, and shall state the time and place of 
holding such election and what officers are to be elected 
and their terms. 

Sec. 973. NOTICE OF ELECTION, FORM OF. 
— Such notice shall be in suibstantially the following 
form : 

Notice is hereby given, that on Tuesday the 

day of June, A. D , an annual election will be 

held at (here insert polling place) for 

the purpose of electing the following members of the 

board of education (here insert terms ^°^^ °*- 

for which they are to be elected), for the city, town 

or villasfe. (here insert name) and the 

polls will be open at nine o'clock A. M. and closed 
at four o'clock P. M. of that day. 

By order of the board of education. 

Signed , 

Clerk. 

Sec. 974. ELECTION PRECINCTS AND OF- 
FICERS OF ELECTION.— At least fifteen days prior 
to such election the board of education of each special Election pte- 
district shall designate one polling place and appoint cers!^ ^^^ °^ 
two persons to act as judges and two persons to act 



104 



GENERAL SCHOOL LAWS 



as clerks. Before opening the polls each of such 
judges and clerks shall take an oath that he will per- 
form l;is duties as judge or clerk (as the case may be) 
according to law and to the best of his ability, which 
oath may be administered by any officer authorized to 
administer oaths or by either of said judges or clerks 
to the others. 



Oath. 



Canvass. 



Certificates of 
election— clerk 
shall give. 



Vacancies 



Official oath. 



Bonds Issued 
when taxes 
are Insufficient 
— how. 



Sec. 975. CANVASS OF RETURNS.— Such elec- 
tion shall be conducted and the votes canvassed in the 
manner provided by law for elections of county offi- 
cers, and returns shall be made showing the number 
if votes cast for each person for any office, which shall 
be signed by the judges and clerks of election, and the 
person receiving the highest number of votes for each 
office in the district shall be declared elected, and the 
returns shall be filed with the clerk of the board of 
education within two da3''S thereafter. 

Sec. 976. CERTIFICATES OF ELECTION.— 
The clerk of the board shall give to each person elected 
at such election a certificate stating that he was duly 
elected as a member of the board of education and the 
time he is to take the oath and enter upon the duties 
of his office. Such clerk shall also certifv as soon as 
possible to the county superintendent of schools the 
persons so elected and their terms. 

Sec. 977. VACANCIES, HOW FILLED.— The 
board of education of each city, town and village shall 
have power to appoint a person to fill any vacancy 
which may occur in the board ; and such appointee 
shall hold his office until the next annual school elec- 
tion, at which time a person shall be elected to serve 
for the unexpired term ; but if such vacancy shall 
occur within ten days before an annual election, such 
appointee shall hold office until the annual election in 
the following year. When any such appointment shall 
be made the clerk shall certify the same to the county 
superintendent. {See Appendix D.- — Note 5.) 

Sec. 978. OATH OF OFFICE.— Before entering 
upon the duties of his office each person elected or 
appointed as a member of the board of education, shall 
take the oath or affirmation prescribed in section 211 
of the constitution, which oath shall be filed with the 
clerk of the board. {See Appendix D. — Note 32.) 

Sec. 979. BONDS, HOW AND WHEN IS- 
SUED. — Whenever the taxes authorized by law shall 
not be sufficient or shall be deemed by the board of 
education to be burdensome, bonds may be issued and 



STATE 0.F NORTH DAKOTA 



105 



negotiated for the purpose of raising money to pur- 
chase a site or to erect suitable buildings thereon, or 
to fund any outstanding indebtedness, or for the pur- 
pose of taking up any outstanding bonds of the school 
corporation ; provided, that the issuance of such bonds 
shall first be authorized by the voters of such special 
district as hereinafter prescribed. Such bonds shall 
be signed by the president and clerk and attested by 
the corporate seal of the board, shall bear the date of 
their issue, and be payable in not less than five nor 
more than twenty years from their date, at such place 
as shall be designated upon their face. The denomi- 
nations of the bonds which may be issued under the 
provisions of this article shall be fifty dollars or some 
multiple of fifty, and shall bear interest at not more 
than seven per cent per annum, payable semi-annually 
on the first day of January and July in each year, shall 
show upon their face that they are issued for school 
purposes, and shall be sold at not less than par. Each 
bond shall have endorsed thereon the certificate of the 
clerk of the board stating that such bond is issued 
pursuant to law and is within the debt limit prescribed 
by the constitution. {See Appendix B.) - 
. Sec. 980. ELECTION. FOR ISSUING BONDS. 
— Before issuing any such bonds the board of educa- 
tion shall call an election for the purpose of submitting 
to the voters of the district the question of issuing such 
bonds, notice of which shall be given in the manner 
prescribed by law for giving notice of the annual elec- 
tion for the several officers of the city, town or village 
comprising such special district, except that such notice 
shall be given twenty days before such election. Such 
election shall be conducted and the returns made in the 
manner provided for the annual election of members 
of the board of education and may be held at tlie time 
of the annual school flection or at any other tim.e named 
in such notice. The notice of such election shall clearly 
state the amount of the bonds proposed to be issued, 
the time in which they shall 'be made payable, the pur- 
pose for which they are to be issued, and the time and 
place such election will be held. At such election the 
voters shall have written or printed on their ballots 
"for issuing bonds" or "against issuing bonds," and if 
a majority of the votes cast is for issuing bonds such 
bonds shall be issued and negotiated by such board of 
education, but if a majority thereof is against issuing 
bonds such bonds shall not be issued, nor shall the 
question be again submitted for one year thereafter 



Election ter 
issuing bonds 
—how con- 
ducted. 



106 



GENERAL SCHOOL LAWS 



except for a- different amount and then only upon a 
written petition of a majority of the voters of the dis- 
trict. 

Sec.98L BONDS TO SPECIFY WHAT. DEBT 
LIMIT. — The bonds, the issuance of which is pro- 
vided for in the foregoing section, shall specify the 
rate of interest and the time when the principal and 
interest shall he paid ; and no district shall issue bonds 
in pursuance of this article in a sum greater than five 
per cent of its assessed valuation, including other debts. 
(See Sec. 912.) 



Bonds — what 
to specify. 



Limit. 



Interest and 
sinking fund 
— levy to pay. 



Investment of 
sinking fund. 



In U. S. bonds. 



Depository. 



Sec. 982. LEVY FOR INTEREST AND SINK- 
ING FUND. — The board of education at the time of 
its annual tax levy for the support of schools shall also 
levy a sufficient amount to pay the interest as the same 
accrues on all bonds issued under the provisions of this 
article, and, also to create a sinking fund for the re- 
demption of such bonds, which it shall levy and collect 
in addition to the rate per cent authorized by the provi- 
sions aforesaid for school purposes, and such amount 
of funds when paid into the treasury shall be and 
remain a special fund for such purpose only, and shall 
not be appropriated in any other way except as herein- 
after provided. At or before the issuance of any 
bonds as herein provided the board shall by resolution 
provide for such annual levy to. pay the interest and to 
create such sinking fund, and such resolution shall 
remain in force until all such bonds and the interest 
thereon shall have been paid. {See Sec. pii.) 

Sec. 983. INVESTMENT OF SINKING FUNDS. 
SCHOOL DISTRICTS.— All moneys raised for the 
purpose of creating a sinking fund for the final redemp- 
tion of all bonds issued under article 17 of chapter 9 
of the civil code if the state shall be invested annually 
by the board of education of any special school district 
in this state as follows, viz. : 

1. In the bonds of this state or of the United 
States. 

2. Special school district board may designate one 
or more national or state banks in the county where 
such special school district is situated as a depository 
for such sinking fund, and in such case the school 
board shall advertise for at least two weeks in some 
newspaper printed within the limits of said special 
school district, if there be one, if not, in the county 
where said school district is situated, for sealed pro- 
posals for the deposit of the sinking fund of such school 



STATE OF NORTH DAKOTA 



107 



Bond of. 



district, reserving the right to reject any and all bids, 
satisfying itself of the responsibility of all banks pro- 
posing to act as depositories. Before any bank shall 
be designated as such depository it shall present to the 
school board a sealed proposal stating in writing what 
rate of interest will be paid for the deposit of such 
sinking funds, and shall submit to the board for its 
approval a bond payable to the special school district 
conditioned for the safe keeping and repayment of 
any funds deposited in such bank, which bond shall be 
signed by not less than three freeholders of this state 
as sureties or some surety bond company qualified to 
do business in this state and such bond to be in the 
sum required by the school board and in no case to 
be less than double the probable amount of the funds 
to be deposited in such (bank. The approval of such 
bond shall be endorsed thereon by the board and de- 
posited with the county auditor and any bank whose 
bond shall have been so approved shall thereupon be 
designated by the school board as a depository for 
the sinking fund, and shall continue as such, until such 
time as the board shall direct the withdrawal of such 
funds or until such funds are needed for the payment 
or the purchase of bonds as provided for in this act. 
When the sinking fund of any special school district 
is deposited by the treasurer of the board of educa- 
tion if said school district in the name of the school 
district in such depository such treasurer and his sure- 
ties shall be exempt from all liability thereon by reason 
of loss of any such funds from the failure, bankruptcy 
or any other act of any such bank, to the extent only 
of such funds in the hands of such bank or banks 
at the time of such failure or bankruptcy. Such 
depository shall furnish to the clerk of the board of 
education of such special school district prior to the 
fifth day of July of each year, a verified statement of 
the school district account with such depository for 
the year ending June 30, which statement shall show a 
credit to such deposit account of all sums of interest 
accruing on the sinking fund deposited. {See Sec. 
9U.) 



Treasurer 
exempt from 
liability. 



3. The board of education of any special school 
district may buy and cancel the bonds of such district May buy 
and pay for the same with the moneys in the sinking ^°^^^- 
fund created to pay such bonds. 

4. In first mortgages on farm lands in this state Mortgages, 
only in the following manner, to-wit : 



108 



GENERAL SCHOOL LAWS 



(a) That said first mortgages and. all of them, 
shall run for a period of time and not exceed ten 
3'ears and that the funds so invested shall bear in- 
terest at a rate not less than six per cent per annum 
and such interest when paid shall be covered into and 
become a part of the said sinking fund. 



Not to exceed 
ten years. 



By whom and 
on what lands 



(b) First mortgage loans shall only be made upon 
cultivated lands within the state, and to persons who 
are actual residents thereof. And in no case on lands 
of which the appraised value is less than seven dollars 
and fifty cents per acre, and in sums not more than one 
thousand dollars to any one person, firm or corpora- 
tion. Such appraisement to 'be made by the school 
board of such special school district or by some com- 
petent person designated by them for the purpose. 



Paid after five 
years. 



Foreclosure. 



Interest cou- 
pons — pay- 
ment of. 



Bonds— how 
secured. 



Sec. 984. SATISFACTION AND FORE- 
CLOSURE OF MORTGAGES.— All or any of said 
mortgages may be satisfied at an)^ time after five years 
from the date when made on payment of the full 
amount due thereon, by an instrument in writing exe- 
cuted in the corporate name of the special school dis- 
trict which shall be the payee in all notes taken for 
loans as herein provided and the mortgagee m all 
mortgages taken. Such instrument to be executed 
and acknowledged in the same manner as is or may 
be provided for by law for the execution and acknowl- 
edgment of transfers of real estate by corporations. 
Such mortgages may be foreclosed by advertisements 
or an action in the name of the special school district 
in any court of competent jurisdiction as is now or may 
be provided by law. 

Sec. 985. INTEREST COUPONS.— Wlhen the 
interest coupons of the bonds hereinbefore authorized 
shall become due they shall be promptly paid, upon pre- 
sentation, by the treasurer, out of any moneys in his 
hands collected for that purpose, and he shall indorse 
in red ink upon the face of such coupons the word 
"paid" and the date of payment and sign the initials 
of his name. 

Sec. 986. SECURITY FOR PAYMENT OF 
BONDS. — The school fund and property of such 
school corporation and territory attached for such pur- 
poses is hereby pledged to the payment of the interest 
and principal of the bonds mentioned in this article as 
the same may become due. 



STATE OiF NORTH DAKOTA 



109 



Bond register 
—what to 
show. 



Refunding 
bonds. 



Description of 



Sec. 987. BOND REGISTER.— The clerk of the 
board of education shall register in a book provided 
for that purpose the bonds issued under this article, 
and all warrants issued by the board, which register 
shall show the riumber, date and amount of such bonds 
and to whom payable. 

Sec. 988. REFUNDING BONDS, ISSUANCE 
OF. — The board of education of any special or inde- 
pendent school district shall have power, whenever 
two-thirds of the members of such board shall deem 
it necessary and for the best interests of such school 
district, to issue bonds for the purpose of refunding 
any outstanding bonds when the same become due. 
Such bonds shall be issued in denominations of fifty 
dollars or some multiple of fifty, and shall not exceed 
in amount the face value of the bonds they are issued 
to replace, and shall not bear a higher rate of interest 
than seven per cent per annum, payable semi-annually 
on the first day of January and July of each year, nor 
run for. a longer period than twenty 3^ears. 

Sec. 989. BONDS MAY BE EXCHANGED.— 
Such refunding bonds may be exchanged at par for 
an equal amount of outstanding bonds or may be sold 
at not less than par value and the proceeds applied 
solely to the payment of the bonds to be refunded, 
except that any premium that may be received on the 
sale of such bonds shall be kept as a separate fund 
and used for the payment of the interest on such bonds. 

Sec. 990. ISSUE OF BONDS, HOW GOV- 
ERNED.^ — In the issuance of such refunding bonds 
the board of education shall be governed by the pro- 
visions of sections 981 to 986. 

Sec. 991. SURPLUS FUNDS, HOW TRANS- 
FERRED. — Any moneys remaining in the treasury 
of such school districts, appropriated or held for the 
purpose of paying such bonds so refunded, ma}^, at 
the discretion of the board of education at any time 
within six months after such refunded bonds have 
been taken up and canceled, be transferred to the 
building or contingent fund of such district. 



Exchange of 
bonds. 



Law govern- 
ing. 



Surplus funds 
—disposal of. 



Article 20. — Independent School Districts. 

Sec. 992. INDEPENDENT DISTRICTS, HOW 
ORGANIZED. — Any city heretofore organized for 
school purposes under a special law and provided with 
a board of education may become incorporated as an 
independent school district under the provisions of 
this article in the manner following: Whenever one- 



independent 

districts. 



110 



GENERAL SCHOOL LAWS 



eighth of the legal voters of such city voting at the 
preceding municipal election shall petition the mayor 
and council thereof to submit the question as to 
whether such city shall establish an independent school 
district under this article to a vote of the electors in 
such city it shall be the duty of such mayor and council 
to submit such question accordingly and to appoint a 
time and place or places at which such vote may be 
taken and to designate the persons who shall act as 
judges at such election, but such question shall not be 
submitted oftener than once in two years. 



How organ- 
ized. 



Election 
board. 



Election- 
notice of. 



Ballots- 
form of. 



Bounded by 
city limits. 



Board of 
education- 
how elected. 



Sec. 993. NOTICE OF ELECTION.— The mayor 
of such city shall cause at least twenty days' notice 
of such election to be given by publishing a notice 
thereof in one or more newspapers within such city, 
but if no newspaper is published therein, then hy post- 
ing at least five copies of such notice in each ward or 
voting precinct. 

Sec. 994. FORM OF BALLOTS. RETURNS. 
— The ballots to be used at such election shall be in the 
following form : "For establishing an independent 
school district" or "against establishing an independ- 
ent school district." The judges of such election shall 
make returns thereof to the city council whose duty it 
shall be to canvass such returns and cause the result 
of such canvass to be entered upon the records of such 
city. If a majority of the votes cast at such election 
shall be for establishing an independent school district, 
such independent school district shall thenceforth be 
deemed to be organized under this article and the 
board of education then in office shall thereupon exer- 
cise the powers conferred upon like officers in this 
article until their successors are elected and qualified. 

Sec. 995. BOUNDARIES OF INDEPENDENT 
DISTRICTS.— All that portion included within the 
corporate limits of any city, together with the additions 
that are now or may be hereafter attached to such city 
limits shall 'be constituted and established an independ- 
ent school district to be designated as the "Independ- 
ent School District of the City of " and a 

board of education is hereby established for the same. 

Sec. 996. MEMBERS OF BOARD, HOW 
ELECTED. QUORUM.— Such board shall consist 
of one member from each ward in the city, and when 
the city is divided into an even number of wards, then 
such city shall elect one member of such board at 
large. Such members shall hold their office for the 



STATE OF NORTH DAKOTA 



111 



term of two years and until their successors are elected 

and qualified. A majority of the members of such 

board shall constitute a quorum for the transaction of Quorum. 

business, but a smaller number may meet and adjourn. 

The electors in each ward in such city shall elect one 

member of such board, and the electors of such city 

shall elect one member of the board at large. The 

wards having even numbers shall hold their election 

in each even numbered year, and the wards having odd 

numbers shall hold their election in each odd numbered 

year. The member at large shall be elected biennially 

in the even numbered years ; provided, when such city 

is divided into three wards, such board shall consist of "Member at 

five members, one member from each ward and two i^rge. 

members to be chosen at large ; provided, also, that 

at the first election members from even numbered 

Wards shall be elected for a term of one year, and 

members from odd numbered wards for a term of two 

years ; when two members are to be chosen at large 

at such first election, one shall be elected for a term 

of one year and one for a term of two years. 



date of. 



Sec. 997. DATE OF ELECTION. CANVASS 
OF VOTES. — The election referred to in the fore- 
going sections shall be held on the third Monday in 
April of each year, at the usual polling place for Election- 
municipal elections in each ward. The mayor shall 
have authority and is hereby empowered to appoint 
two judges and one clerk for such election, who shall 
open the polls at the hour of eleven o'clock in the fore- 
noon and hold the same open until five o'clock in the 
afternoon of the same day. Such election shall be 
conducted in all respects and the polls closed and votes 
canvassed in the same manner as municipal elections, 
and the judges shall have the same power and author- 
ity in all respects as the judges of election for munici- 
pal officers, and after the votes are canvassed the 
judges shall make their returns to the city clerk or 
auditor, as the case may be, within twenty-four hours 
after the polls are closed, and the city council shall 
canvass such returns and declare the result within 
three days thereafter, which result shall be entered 
upon the records of the city, and it shall be the duty 
of the city clerk or auditor to issue certificates of elec- 
tion to the persons declared elected. The judges and 
clerks of election shall receive the same compensation 
for their services as at municipal elections for mayor 
and aldermen. 



Conduct of. 



112 



GENERAL SCHOOL LAWS 



Sec. 998. VACANCIES, HOW FILLED.— If 
any vacancy occurs in the board for any cause, the 
remaining members thereof shall fill such vacancy by 
appointment until the next annual election, and at such 
election a new member shall be elected to fill the unex- 
pired term. 



Vacancies- 
how filled. 



Board— how 
styled. 



Powers, 



Ofiicers. 



Annual 
meeting. 



Compensa/tlon 
— contracts. 



Care of prop- 
erty. 



Meetings. 



Sec. 999. STYLE AND POWERS OF BOARD. 
— The board so elected shall be a body corporate in 
relation to. all the powers and duties conferred upon it 
by this article, and shall be styled "The Board of Edu- 
cation of the Independent School District of the City 

of (here insert the name of the city)" 

and as such shall have the power to sue and be sued, 
contract and be contracted with, and shall possess 
all the powers usual and incident to such bodies corpo- 
rate, and such as shall be herein given, and shall 
procure and keep a corporate seal. At each annual 
meeting of the board the members thereof shall elect 
one of their number president of the board, and when 
he is absent a president pro tempore shall be appointed 
who shall preside during such absence. The mem- 
bers so elected shall each qualify by taking the pre- 
scribed oath of office within ten days after receiving 
their certificates of election, and shall assume the duties 
of the office at the annual meeting of the board held 
on the first Monday in May of each year. 

Sec. 1000. RESPONSIBILITY OF BOARD.— 
The members of the board shall receive no compensa- 
tion, nor be interested directly or indirectly in any 
contract for building or making any improvements 
or repairs provided by this chapter. THey shall have 
the care and custody of all public property in such 
district pertaining to school purposes and the general 
management and control of all school matters. 

Sec. 1001. MEETINGS OF BOARD.— The regu- 
lar meetings of the 'board shall be held on the first 
Tuesday of each month, and the board may hold 
special meetings upon notice. The regular meetings 
may be adjourned for any time shorter than one month. 
Special meetings may be called by the president, or in 
case of his absence or inability to act, by any three 
members of the board as often as necessary by giving 
a personal notice in writing to each member of the 
board or by causing such notice to be left at his place 
of residence at least forty-eight hours before the hour 
of such special meeting. 



STATE OF NORTH DAKOTA 



113 



Secretary — 
duties of. 



Sec. 1003. SECRETARY, DUTIES OF.— Such 
board shall appoint a secretary, who shall hold his 
office during the pleasure of the hoard and whose com- 
pensation shall be fixed by the board. The secretary 
shall keep a record of the proceedings of the board 
and perform such other duties as the board may 
prescribe. Such record, or a transcript thereof, certi- 
fied by the secretary and attested by the seal of the 
board, shall be received in all courts as prima facie 
evidence of the facts therein set forth ; and such rec- 
ords, and all books, accounts, vouchers and papers 
of the board shall at all times be subject to_ inspection 
by the members of such board or any committee there- 
of, or by any taxpayer of the district. For the purpose 
of economy the board may, if deemed advisable, ap- 
point one of its own members secretary. The annual 
report of the secretary shall contain such items as may 
be required by the superintendent of public instruction. 

Sec. 1003. POWERS OF BOARD.— The board 
shall have power and it shall be its duty to levy and 
raise from time to time by tax such sums as may be 
determined by the board to be necessary and proper Taxes-pow- 
for any of the following purposes : ers of board 

1. To purchase, exchange, lease or improve sites ^® *°" 
for school houses. 

3. To build, purchase, lease, enlarge, alter, improve 
and repair school houses and their outhouses and 
appurtenances. 

3. To purchase, exchange, improve and repair Purposes for 
school apparatus, books, furniture and appendages. ^ay^ be levied. 

4. To procure fuel and defray the contingent ex- 
penses of the board, including the expenses of the 
secretary. 

5. To pay teachers' wages after the apportionment 
of public moneys which may be by law appropriated 
and provided for that purpose. 

Sec. 1004. COLLECTION OF TAX.-^The tax to 
be levied and collected as aforesaid 'by virtue of this 
article shall be collected in the same manner as other 
county taxes ,and for that purpose the board of educa- 
tion shall have power to lev}'' and cause to be collected 
such taxes as are herein authorized, and shall cause 
the amount for each purpose to be certified by the 
secretary to the county auditor in time to be added 
to and put upon the annual tax list of the county. And 
it shall be the duty of the county auditor to calculate 
and extend upon the annual assessment roll and tax 



Taxes — how 
collected. 



School Laws — 8 



114 



GENERAL SCHOOL LAWS 



list the tax so levied by such board, and such tax shall 
be collected as other county taxes are collected. 

Sec. 1005. AMOUNT OF TAX LIMITED.— The 
amount raised for teachers' wages and contingent ex- 
penses shall be only such as together with the public 
moneys coming to such district from the state and 
county fund and other sources shall be sufficient to 
maintain efficient and proper schools in such district. 
The taxes for the purchasing, leasing or improving of 
sites, and the building, purchasing, leasing, enlarging, 
altering or repairing of school houses shall not exceed 
in any year twenty mills on the dollar of the assessed 
valuation of the taxable property of the district and the 
board of education is authorized and directed, when 
necessary, to borrow in anticipation, the amount of the 
taxes to be raised, levied and collected as aforesaid. 



Taxes— limi- 
tation. 



Bonds- 
authority to 
Issue. 



Bonds must 
show what. 



Sec. 1006. AUTHORITY TO ISSUE BONDS.— 
The board of education of such district is authorized 
and empowered, and it is its dutv whenever the board 
deems it necessary for the efficient organization and 
establishment of schools in such district, and when the 
taxes authorized by this article shall not be sufficient 
or shall be deemed by the board to be burdensome upon 
the taxpayers of the district, from time to time to issue 
bonds of the district in the denomination of fifty dol- 
lars or some muliple of fifty, payable at a time not 
to exceed twenty-five years after date and bearing in- 
terest at a rate not to exceed seven per cent per annum, 
payable semi-annually on the first day of January and 
July of each year; and to show upon their face that 
they are issued for the purpose of building or furnish- 
a school house or school houses, purchasing grounds 
on which to locate the same, or to fund any outstand- 
ing indebtedness, or for the purpose of taking up any 
outstanding bonds ; and the said board of education 
is authorized to cause the same to be sold at not less 
than par value, and the money realized therefrom 
deposited with the city treasurer to the credit of such 
board of education; and when any bonds shall be so 
negotiated it shall be the duty of the board to provide 
by tax for the payment of the principal and interest 
of such bonds ; provided, that at no time shall the 
aggregate amount of such bonds, including all other 
indebtedness, exceed fifty mills on the dollar of valu- 
ation of the taxable property of such district, to be 
determined bv the last city assessment. {See Sec. 
910.) 



STATE OF NORTH DAKOTA 



115 



Sec. 1007. MONEYS PAID TO CITY TREAS- 
URER. — All moneys raised pursuant to the provisions 
of this article and all moneys which shall by law be 
appropriated to or provided for such district, shall be 
paid over to the city treasurer of the city, and the 
■county treasurer shall from time to time, as he shall 
receive the county school funds, and at least once in 
each month, on the first Monday thereof, pay over to 
such city treasurer the proportion thereof belonging 
to such district ; and for that purpose the board shall 
have the power to cause all needful steps to be taken 
including census reports or other acts or things, to 
enable such board to receive the school money belong- 
ing to such district, as fully and completely as though 
such district formed one of the school districts of the 
county where the same may be situated. 



City treasurer 
— moneys to be 
paid to. 



Sec. 1008. BOND OF TREASURER.— The city 
treasurer of such city shall give a bond to such board 
of education in such sum as the board shall from time 
to time require, with two or more sureties to be ap- 
proved by the board, conditioned for the safe-keeping 
of the school funds, which shall be in addition to his 
other bond ; and such treasurer and the sureties upon 
such bond shall be accountable to the board for the 
moneys that come into his hands, and in case of failure 
of such treasurer to give such bond when required 
by the board, or within ten days thereafter, his office 
shall become vacant and the city council shall appoint 
another person in his place. 

Sec. 1009. SCHOOL FUNDS, HOW KEPT 
AND PAID OUT.— All moneys required to be raised 
by virtue of this article shall be paid in cash or in war- 
rants hereinafter provided, drawn on the school fund 
only, and such moneys and all moneys received by 
such district for the use of the common schools therein 
shall be deposited for safe-keeping with such city treas- 
urer to the credit of the board of education and shall 
by him be safelv kept separate and apart from anv 
other funds until drawn from the treasurv as herein 
provided. Such treasurer shall pay out the monevs 
authorized by this article only upon warrants drawn by 
the president, countersigned bv the secretary and at- 
tested by the seal of such board of education. 

Sec. 1010. GENERAL POWERS OF BOARD.— 
The board shall have power and it shall be its duty : 
(See Sec. 960.) 



Treasurer's 
bond. 



Vacancy on 
failure to give. 



Moneys- 
how paid out. 



General pow- 
ers of board: 



116 



GENERAL SCHOOL LAWS 



1. To organize and establish such schools in the 
Over schools, district as it shall deem requisite and expedient, and 

to change and discontinue the same. 

2. To purchase, sell, exchange and hire school 
houses and rooms, lots or sites for school houses, and 
to fence and improve the same. (See Appendix C. — 
VI, 1, a, b. 

3. To build, enlarge, alter, improve and repair 
school houses, outhouses and appurtenances as it may 
deem advisable upon lots and sites owned 'by the dis- 
trict. 

4. To purchase, sell, exchange, improve and repair 
school apparatus, books for indigent pupils, furniture 
and appendages and provide fuel for schools. 

5. To have the custody and safe keeping of the 
school houses, outhouses, books, furniture and appur- 
tenances, and to see that the ordinances of the city 
council in relation thereto are observed. 

6. To contract with and employ all teachers in such 
schools and remove them at pleasure. 

7. To pay the wages of such teachers out of the 
money appropriated and provided by law for the sup- 
port of common schools in such district, so far as the 
same shall be sufficient, and the residue thereof from 
the money authorized to be raised by this article. 

8. Te defray the necessary and contingent expenses 
of the board, including the compensation of the sec- 
retary. 

9. To have in all respects the superintendence, 
supervision and management of the common schools 
of such district, and from time to time to adopt, alter, 
modify and repeal, as they may deem expedient, rules 
and regulations for their organization, grading, gov- 
ernment and instruction, for the reception of pupils 
and their transfer from one school to another, for the 
suspension and expulsion of pupils subject to the same 
restrictions as are contained in subdivision 11 of sec- 
tion 960, and generally for their good order, prosperity 
and utility. 

10. To prepare and report to the city counsel of 
the city such ordinances and regulations as may be 
necessary and proper for the protection, safe-keeping, 
care and preservation of school houses, lots, and sites 
and appurtenances and all the property belonging to 
the district connected with or appertaining to the 
schools within the cit-'^ limits, and to suggest proper 
penalties for the violation of such ordinances and regu- 
lations, and annually, on or before the first Monday in 



Houses and 

sites. 



Buildings. 



Books and ap- 
paratus. 



Care of prop- 
erty. 



Teachers. 



Teachers 
wages. 



Expenses. 



Rules and reg- 
ulations. 



Prepare ordin- 
ances. 



STATE OF NORTH DAKOTA 



117 



Certify tax 
levy. 



July, to determine and certify to the county auditor 
the rate of taxation in its opinion necessary and proper 
to be levied under the provisions of this article for 
the year commencing on the first day of July there- 
after, and also at any time to determine how many and 
what denomination of bonds shall be issued and sold to 
pay the extraordinary outlays required. 

Sec. 1011. VISITING SCHOOLS.— Each mem- 
ber of the board shall visit all the public schools in the 
district at least twice in each year of his official term, visitation 
and the board shall provide that each of the schools 
shall be visited by a committee of three or more of 
their number at least once during such term. 

Sec. 1Q12. NON,-RESIDENT PUPILS.— Such 
board of education shall have power to allow the 
chilren not resident in such district, to attend the 
schools of such district under the control and care of 
such board, upon terms as the board shall prescribe, 
fixing the tuition which shall be paid therefor. 



Non-resident 
pupils. 



Sec. 1013. EXPENDITURES NOT TO EX- 
CEED REVENUES.— It shall be the duty of the 
board in all its expenditures and contracts to have ref- 
erence to the amount of money which shall be subject 
tO' its order during the current year for the particular 
expenditures in question and not to exceed that 
amount. 

Sec. 1014. TITLE TO PROPERTY OF DIS- 
TRICT. — The title to all property belonging to any 
such independent school district shall be vested in 
such district for the use of the schools, and the same 
while used and appropriated for school purposes shall 
not be levied upon or sold by virtue of any warrant 
or execution or other process, nor be subject to any 
judgment or mechanic's lien or taxation for any pur- 
pose whatever ; and the district in its corporate capacity 
may take, hold and dispose of any real and personal 
property transferred to it by gift, grant, bequest or 
devise for the use of common schools for the district, 
whether the same is transferred in terms to such dis- 
trict by its proper name or to any person or body for 
the use of such schools. 

■ Sec. 1015. REAL PROPERTY. TITLE, HOW 
CONVEYED. — Whenever any property is purchased 
by the board a conveyance thereof shall be taken in 
the name of such district ; and whenever any sale of 
such property is made by the board, a resolution in 
favor of such sale shall first be adopted and spread 



Expenditures 
—must be 
within rev- 
enues. 



Title to prop- 
erty—how 
vested. 



Not subject to 
lien. 



By gift and 
devise. 



Real estate — 
how conveyed. 



118 



GENERAL SCHOOL LAWS 



Treasurer- 
reports by. 



Contents of 
report. 



upon the records o£ the board, and the conveyance of 
such property shall be executed in the name of such 
district by the president of the board attested by the 
secretary under the seal thereof, and acknowledged bv 
such officers. Such president and secretary shall have 
authority to execute conveyances as aforesaid, with or 
. without convenants of warranty on behalf of the dis- 
trict. 

Sec. 1016. REPORT OF CITY TREASURER.— 
It shall be the duty of the city treasurer at least fifteen 
days before the annual election for members of such 
board and as often as called upon by the board, to 
prepare and report to such board a true and correct 
statement of the receipts and disbursements of moneys 
under and pursuant to the provisions , of this article, 
during the preceding year, which statement shall set 
forth under appropriate head : 

1. The monev raised by the board under section 
100-3. 

2. The school moneys received from the countv 
treasurer. 

3. The money received under section 1006. 

4. All moneys received by the city treasurer, sub- 
ject to the order of the board, specifying the sources 
from which it accrued. 

5. The manner in which all money has been ex- 
pended, specifying the amount under each head of 
expenditures and the bo'a,rd shall at least one week 
before such election, cause such statement to be pub- 
lished in all the newspapers of the city which will pub- 
lish the same gratuitously. 

Sec. 1017. CITY COUNCIL TO PASS CER- 
TAIN ORDINANCES.— The city council shall have 
the power and it shall be its duty to pass such ordi- 
nances and regulations as the board of education may 
recommend as necessary for the protection, preserva- 
tion, safe-keeping and care of the school houses, lots, 
sites, appurtenances, libraries and all necessary prop- 
erty belonging to or connected with the schools of the 
city, and to provide proper penalties for the violation 
thereof ; and all penalties shall be collected in the same 
manner that the penalties for violation of city ordi- 
nances are collected, and when collected shall be paid 
to the city treasurer, and placed to the credit of the 
board of education, and shall be subject to its order as 
herein provided. 

Sec. 1018. FORFEIT FOR REFUSAL TO 
SERVE AS MEMBER OF BOARD.— It shall be 



Ordinances— 
eity council 
to pass. 



Penalties. 



Notice to 
member-elect 
of board. 



STATE OF NORTH DAKOTA 



119 



the duty of the clerk of such board immediately after 
the election of any person as a member thereof, per- 
sonally or in writing, to notify him of his election, and 
if any person shall not within ten days after receiving 
such notice of election, take and subscribe the oath as 
herein provided and file the same with the city auditor, 
the board may consider it as a refusal to serve, and fill 
the vacancy thus occasioned, and the person so refusing 
shall forfeit and pay to the city treasurer for the benefit 
of the schools of such district a penalty of fifty dollars, 
which may be recovered in the name of such city, by 
a civil action. 



Penalty for re- 
fusal to act. 



Sec. 1019. NEW DISTRICT TO ASSUME 
DEBTS OF OLD.— School districts created under the 
provisions of this article shall assume all obligations 
and liabilities incurred by the districts out of which 
they are formed, if old districts are not divided, and 
a proportionate part, if divided. 

Article 21. — Boards of Education in Certain 

Cities. 

Sec. 1020. BOARDS TO BE ELECTED AT 
LARGE. — In each city not organized under the gen- 
eral law there shall be a board of education consist- 
ing of seven members having the qualifications of 
electors who shall be elected at large by the electors 
of such citv qualified to vote at school elections ; and, 
except as may be otherwise provided herein for the 
first election, two members of such board shall be 
elected annually and three triennially at a special elec- 
tion to be held on the Tuesday after the first Mon- 
day in June ; provided, that the provisions of this 
article shall not apply to cities existing under a special 
act and which are now conducting their schools under 
the general school laws. 

Sec. 1021. TERM OF OFFICE.— The term of 
office of a member of the board of education, except 
as in this article otherwise provided, shall be three 
years and until his successor is elected and qualified. 

Sec. 1022. ELECTIONS, HOW CONDUCTED. 
— All- elections under the provisions of this article 
shall be called, conducted and the votes canvassed and 
returned in the manner provided by law for general 
city elections. 

Sec. 1023. RELATIVES NOT ELIGIBLE AS 
TEACHERS. — No son, wife or daughter of any 
member of the school board shall be eligible to a posi- 



Old debts to 
be assumed by 
district. 



Board elected 
at large — when 



Office— term of 



Elections — 
conduct of. 



Relatives Ineli- 
gible as teach- 
ers. 



120 



GENERAL SCHOOL LAWS 



tion as a teacher in schools of the district which such 
member represents except upon the consent of all the 
members of such board. 

Sec. 1024. INDEPENDENT SCHOOL ORGAN- 
IZATIONS UNDER SPECIAL LAWS ABOL- 
ISHED. — Any independent district organized for 
school purposes under a special law, which does not 
include or is not included in any city or incorporated 
town or village organized for municipal purposes, 
shall become a part of the school district in which it is 
located by the repeal of the special law organizing 
or governing such independent district. Any inde- 
pendent district organized for school purposes under 
Districts under a special law or under any other law than is contained 
special law [^ ^-^g chapter, which includes or is included in any 
city or incorporated town or village organized for 
municipal purposes, shall become a special district by 
the repeal of the special law organizing or governing 
such independent school district. Any school district 
or special district so constituted or constituted in part 
shall be governed by the provisions of this chapter ; 
provided, that nothing herein shall prevent any such 
independent district from coming under the operation 
of this chapter in the manner therein provided. 

Sec. 1025. OLD SCHOOL OFFICERS HOLD 
OVER. — The board of education or other governing 
board of such independent district shall continue to 
exercise the powers and duties devolving upon it 
under the provisions of such special or other law gov- 
erning such independent district, the same as though 
such law had not been repealed, until the second Tues- 
day in July following the repeal of such special or 
other law ; provided, that all that portion of the general 
school laws which provides for an annual school elec- 
tion shall apply to such independent district and shall 
be in full force and efifect for the purpose of electing 
school officers at such annual school election ; and such 
officers shall be elected in and for the whole school dis- 
trict, including the independent district or portion of 
such independent district located therein, or in and for 
the special district, the same as though no law had ever 
existed providing for the organization of such inde- 
pendent district; provided, further, that in a special 
district formed and created as herein provided, a full 
board of education shall be elected as provided by law 
for first elections, but in school districts formed and 
created as herein provided by the addition of such in- 



Offlcers of old 
district hold 
over. 



STATE OF NORTH DAKOTA 



121 



dependent district or portion thereof, there shall be 
elected only such officers as are required to fill the 
regular vacancies in the school offices of such school 
district heretofore organized. 

Sec. 1026. DEBTS AND ASSETS DETER- 
MINED BY ARBITRATION.— When the bound- 
aries of such school district shall have been arranged as 
contemplated in this article, the determination and divi- 
sion or consolidation of all debts, property and assets 
of the several portions of such district or districts so 
consolidated shall be made by arbitration as provided 
by law. {See Sec. 864-) 



Equalization 
of debts and 
assets. 



Free text 
books. 



Article 33. — Free Text 5ooks. 

Sec. 1037. POWER OF BOARD OF EDUCA- 
TION. — The board of trustees or board of education 
of each and every school district in the state of North 
Dakota is hereby authorized and empowered to select 
adopt and contract for all books and supplies needful 
for the school or schools under its charge ; and the 
said board of trustees or board of education shall have 
power to purchase the text books and supplies selected 
or contracted for,, and provide for the loan free of 
charge or sale at cost of such text books and supplies 
to the pupils in attendance at such school or schools ; 
provided, that no adoption or contract shall be for a 
period of less than three years nor more than five 
years ; during which time the text books so selected 
adopted and contracted for shall not be changed ; pro- 
vided, further, that before any publisher or publishers 
shall enter or attempt to enter into any contract for 
the sale of text books, as hereinbefore provided, they 
shall file with the superintendent of public instruction 
of the state of North Dakota a list of their books and 
the lowest prices at or for which they will sell any or 
all of such books to any board of trustees or board of 
education in the state of North Dakota ,and they, the And deposit 
said publishers, shall deposit with the superintendent whTr^^~ 
of public instruction a sample copy of each book so 
listed, which shall represent in style of binding, me- 
chanical execution, general make-up and matter the 
book or books they offer to sell to the board of trustees 
at or for the prices so listed and in no case shall prices 
be raised above said listed prices as filed. It shall be 
the duty of the superintendent of public instruction to 
furnish a certified copy of the list of books and prices 
filed in accordance with the provisions of this section 



No change 
within 3 years 



Publishers to 
file price lists. 



122 



GENERAL SCHOOL LAWS 



Free boobs— 
when pro- 
vided. 



United States 
flag to be dis- 
played—when. 



Failure— pen- 
alty for. 



Educational 
library. 



Appropriation. 



Number of 
members 



to the district clerk of each common school district 
in the state of North Dakota. 

Sec. 1028. FREE TEXT BOOKS PROVIDED, 
WHEN. — ^Whenever in the judgment of the board 
it is desirable or necessary to the welfare of the schools 
in the district or to provide for the children therein 
better school privileges, or whenever petitioned so to 
do by two-thirds of the voters in the district, the board 
shall provide free text books and supplies for all schools 
under its charge, in such manner as hereinbefore pro- 
vided. All books purchased in accordance with the 
provisions of this article shall be paid for out of the 
school funds of the respective districts, and it shall be 
the duty of the school districts and school boards to 
see that sufficient funds are raised and set aside for 
the purpose of this article. The clerk of each district 
shall also keep a record of all books furnished to the 
schools in the district. 

Article 23. — Purchase of Flags for School Dis- 
tricts. 

Sec. 1029. UNITED STATES FLAG TO BE 
DISPLAYED. — The school board of any city, town 
or district, is authorized and required to purchase at 
the expense of the city, town or district one or more 
flags of the United States, which shall be displayed in 
reasonable weather, upon the school houses or flag- 
staffs upon the school grounds during the school hours 
of each days session of school, and a failure to com- 
ply with the provisions of this article on the part of any 
board of education or district school board, shall be 
sufficient grounds for removal of members of such 
board from office. 

Article 24. — State Educational Library. 

Sec. 1030. APPROPRIATION FOR.— There is 
hereby appropriated out of any funds in the state 
treasury the sum of three hundred dollars annually, to 
be paid by warrant of the state auditor on the treas- 
urer upon the presentation of an itemized bill in due 
form by the superintendent of public instruction, for 
the purchase of reference or pedagogical books for the 
state educational library in the office of such superin- 
tendent. 

Chapter 243, Session Laws of 1907. 

Sec. 1. STATE PUBLIC LIBRARY COMMIS- 
SION. — There is hereby created a state public library 
commission consisting of three members. 



STATE OF NORTH DAKOTA 



123 



Sec. 2. MEMBERS, HOW CONSTITUTED.— 
The president of the North Dakota Kbrary association 
and the superintendent of pubhc instruction are hereby 
constituted ex-officio members of the said state pubHc 
Hbrary commission ; and the governor of the state shall 
appoint as soon as practicable after the passage and 
approval of this act, one suitable person within the 
state as a member of the said state public library com- 
mission, which appointment shall be confirmed by the 
senate. The commission shall elect its own officers 
from among its own members, and shall also have 
power to select a competent person as librarian, who Librarian 
shall have control and be in charge of the library work 
of the commission. 



Who are mem- 
bers. 



OflBcers. 



Sec. 3. TERM OF OFFICE.— The member ap- 
pointed by the governor shall be appointed for a term 
of two years from April 1, 1907, and until his 
successor is appointed and qualified. In case of ap- 
pointment to fill a vacancy caused by resignation, death 
or removal, the appointment shall be made for the un- 
expired term of the member whose death, resignation 
or removal caused the vacancy. 

• Sec. 4. COMPENSATION.— No member of said 
state library commission shall ever receive any salary 
or per diem or compensation of any kind for services 
as such commissioner. Members of the state library 
commission shall be allowed and paid necessary travel- 
ing expenses in attending meetings of the commission 
or in visiting or establishing libraries, and other inci" 
dental and necessary expenses connected with the work 
of the commission. 

Sec. 5. POWERS AND DUTIES OF COMMIS- 
SION. — The state library commission, on and after its 
creation and organization, shall take over and add to 
the educational reference library and the system of 
traveling libraries, and shall continue the same, and, 
as its funds permit, shall increase the number and use- 
fulness of the libraries. Any city, town, village, school 
district or community within the state of North Dakota 
may borrow books under the rules and regulations of 
the state library commission. The commission shall 
catalogue and otherwise prepare said books for cir- 
culation, and shall make rules and regulations accord- 
ing to which the business of the commission shall be 
done; and also such rules and regulations as shall 
insure the care, preservation and safe return of all 
books loaned. The state library commission shall 



Term of oflBce. 



Vacancy— how 
filled. 



Compensation, 



Powers and 
duties. 



Books borrowed 



Eules. 



124 



GENERAL SCHOOL LAWS 



have power and it shall be its duty to establish a legis- 
lative reference bureau for the information and assist- 
ance of the members' of the legislative assembly in the 
work of legislation. The legislation of other states and 
information upon legal and economic questions shall 
be classified and catalogued in such a way as to render 
the same easy of access to members, thereby enabling 
them better to prepare for their work. It shall ht the 
duty of the librarian of the state library commission 
to assist in every way possible the members of the 
legislative assembly in obtaining information and the 
preparation of bills. 



To be cata- 
logued. 



Information for 
legislators. 



To assist in or- 
ganizing librar- 
ies. 



To keep rec- 
ords. 



Eeport. 



Office— where. 



Appropriation. 



Sec. 6. COMMISSION MAY ASSIST FREE 
PUBLIC LIBRARIES.— The librarian or trustees of 
any free public library or the trustees of any village, 
town or community, entitled to borrow books from 
said traveling libraries, may, without charge, ask and 
receive advice and instruction from said state library 
commission upon any matter pertaining to the organiz- 
ation, maintenance or administration of the libraries, 
and the said commission shall, as far as possible, pro- 
mote and assist by counsel and encouragement the 
formation of libraries where none exist, and the com- 
mission may also send its members to aid in organizing 
new libraries or improving those already established. 

Sec. 7. REPORT. — The state library commission 
shall keep statistics of the free public libraries of 
North Dakota and a record of the work done and books 
loaned by said commission, and shall make a full 
report to each general session of the legislature of all 
expenditures by the commission, and of such statistics 
and records as shall show the work done by the com- 
mission, the use made of the traveling libraries, and 
all other matters which they deem expedient for the 
information of the legislature, and the printing of 
which, and all other printing coming within the pur- 
view of the library commission, shall be paid for by 
the state. 

Sec. 8. PLACE OF MEETING OF COMMIS- 
SION. OFFICE ROOM OF LIBRARIAN, 
WHERE. — ^There shall be provided in the office of 
the superintendent of public instruction a place of 
meeting and also office room for the librarian of the 
state library commission. 

Sec. 9. FUNDS. — There is hereby appropriated for 
the use and purposes of the state library commission 
any unexpended balances in the funds appropriated 



STATE OF NORTH DAKOTA 



125 



Repeal. 



for the educational reference library and traveling 
libraries, and also an annual appropriation of fifteen 
hundred dollars Out of any monies in the state treasury 
not otherwise appropriated. 

Sec. 10. REPEAL. — All acts and parts of acts in 
conflict with the provisions of this act are hereby re- 
pealed, especially any acts or parts of acts carrying any 
appropriation for the so-called educational reference 
library and traveling libraries. 

Sec. 11. EMERGENCY.— Whereas, an emergency 
exists in that there is now no provision for a state 
library commission, this act shall take effect and be 
in force on and after its passage and approval. 



Article 25. — High School Board. 

Sec. 1031. HIGH SCHOOL BOARD.— The gov- 
ernor, superintendent of pubHc instruction and presi- 
dent of the state university are hereby constituted a 
board of commissioners on preparatory schools for the 
encouragement of higher education in the state. Said 
board shall be called the "High School Board," and 
shall perform the duties and have and exercise the 
powers hereinafter mentioned. 

Sec. 1032. SCHOOLS CLASSIFIED.— Any_ pub- 
lic graded school in any city or incorporated village 
or township, organized into a district, under the town- 
ship or district system, which shall give instruction 
according to the terms and provisions of this article 
and shall admit students of either sex from any part 
of the state without charge for tuition, shall be entitled 
to be classified as a state high school and to receive 
pecuniary aid as hereinafter specified; provided, how- 
ever, that no such school shall be required to admit 
non-resident pupils unless they pass an examination in 
orthography, reading in English, penmanship, arith- 
metic, grammar, modern geography and the history 
of the United States. 

Sec. 1033. REQUIREMENTS FOR CLASSIFI- 
CATION. — The said board shall require of the schools 
applying for such pecuniary aid as prerequisite to re- 
ceiving such aid, compliance with the following condi- 
tions, to-wit : 

1. That there be regular and orderly courses of 
study, embracing all the branches prescribed by the 
said board for the first two years of the high school 
course. 



High school 
board— of 
whom com- 
posed. 



State high 
school — what 
is. 



Examination 
for admission 
Into. 



Conditions up- 
on which state 
aid is granted. 



Course of 
study. 



126 



GENERAL SCHOOL LAWS 



Visitation. 



State aid to 

approved 

schools. 



Amount of aid 



Appropriation. 



2. That the said school receiving pecuniary aid un- 
der this article shall at all times permit the said board 
of commissioners, or any of them, to visit and examine 
the classes pursuing the said preparatory courses. 

Sec. 1034. (Amended.) . SCHOOLS VISITED 
ONCE EACH YEAR. WHAT SCHOOLS TO 
RECEIVE STATE AID. APPROPRIATION.— 
The high school board shall cause each school receiv- 
ing aid under this article to be visited, at least once 
each year, by a committee of one or more members, or 
by some person designated by the high school board, 
who shall carefully inspect the instruction and disci- 
pline of the preparatory classes and make a written 
report on the same immediately ; provided, that no 
money shall be paid in any case until after such report 
shall have been received and examined by the board 
and the work of the school approved by the board. 
The said board shall receive applications from such 
schools for aid as hereinafter provided, which applica- 
tions shall be received and acted upon in order of their 
reception. The said board shall apportion to each of 
said schools, which shall have fully complied with the 
provisions of this article, and whose application shall 
have been approved by the board, the following sums, 
to-wit : Eight hundred dollars each year to each school 
maintaining a four j^ears' high school course and doing 
four years' high school work. The sum of five hun- 
dred dollars each year to each school having a three 
years' high school course and doing three years' high 
school work. The sum of three hundred dollars each 
year to each school having a two years' high school 
course and doing two years' high school work; pro- 
vided, that the moneys so appropriated to any high 
school shall be used to increase the efficiency of the 
high school work ; provided, that not more than forty 
per cent of the money appropriated must be used in 
any one year for libraries, laboratories and other ap- 
paratus and equipment ; provided, further, that the 
total amount of apportionment and expenses under this 
article shall not exceed forty-five thousand dollars in 
one year. The sum of forty-five thousand dollars is 
hereby appropriated annually for the purposes of this 
article, to be paid out of anv moneys in the state treas- 
ury, not otherwise appropriated, which amount, or so 
much thereof as may be necessary, shall be paid upon 
the itemized vouchers of said board, duly certified and 
filed with the state auditor ; provided, however, that in 
case the amount appropriated and available under this 



STATE OF NORTH DAKOTA 



127 



article for the payment of aid to such schools shall in 
any year be insufficient to apportion each;of such 'schools 
as are entitled thereto the full amount intended to be 
apportioned to the high schools of the various classes, 
then, in such case such amount as is apportioned and 
available shall be apportioned pro rata among the 
schools entitled thereto. 



Sec. 1035. NO COMPENSATION. EXPENSES. 
— The members of the board shall serve without com- 
pensation, but the actual and necessary expenses of 
the board, any clerical officer of the board, or any ex- 
aminer shall be paid in the same manner as those of 
state officers ; provided, that the total expense, includ- 
ing the apportionment to the schools aforesaid shall 
not exceed forty-five thousand dollars in any one year. 

Sec. 1036. (Amended.) DISCRETIONARY 
POWERS. ASSISTANT EXAMINER.— The high 
school board shall have full discretionary power to 
consider and act upon applications of schools for state 
aid and to prescribe conditions upon which said aid 
shall be granted, and it shall be its duty to accept and 
aid such schools only as will, in its opinion, if aided, 
efficiently perform the service contemplated by law ; 
but in each county five schools complying with the pre- 
scribed conditions shall have a right to aid from this 
appropriation before aid may be granted to a sixth 
school in any county. Any school once accepted and 
continuing to comply with the law and regulations of 
the board made in pursuance thereof shall be aided not 
less than three years. The board shall have power to 
establish any necessary and suitable rules and regula- 
tions relating to examinations, reports, acceptance and 
classification of schools, courses of study and other 
proceedings under this article. Any assistant exam- 
iner appointed by the high school board as authorized 
by law shall be entitled to receive such compensation 
as the board may allow, not exceeding three dollars per 
day ; provided, that no such compensation shall be paid 
to any person receiving a salar}^ from the state or from 
any state institution. 

Sec. 1037. SHALL KEEP RECORD.— The said 
board shall keep a record of all the proceedings and 
shall make on or before the first day of December in 
each year, a report, covering the previous school vear, 
to the superintendent of public instruction, showing 
in detail all receipts and disbursements, the names and 
number of schools receiving aid, the number of pupils 



Funds pro 
rata if appro- 
priation insuf- 
ficient. 



Actual ex- 
penses only, 
to board. 



Appropriation 
limited. 



Discretion of 
board. 



Three 
schools. 



Rules and 
regulations. 



Assistant ex- 
aminer. 



No compensa- 
tion—to whom. 



Records and 
reports. 



128 



GENERAL SCHOOL LAWS 



attending the classes in each, to which report they may 
add such recommendations as they may deem useful 
and proper. 

Article 25. — Health and Decency in Public 
Schools. 

Sec. 1038. DUTY OF BOARDS OF EDUCA- 
TION. — It shall be the duty of all boards of education 
Water closets, and district school boards in this state to provide suit- 
able and convenient water closets or privies for each of 
the schools under their charge, at least two in num- 
ber, which shall be entirely separate each from the 
other, and having separate means of access ; and it 
shall be the duty of the school officers aforesaid to 
keep the same in a clean, chaste and wholesome con- 
dition ; and a failure to comply with the provisions of 
this article on the part of any board of education or 
district school board, shall be sufficient grounds for 
removal from office and for withholding from any 
district any part of the public moneys of the state. 
The expense incurred by the officers aforesaid in car- 
rying out the requirements of this article shall be a 
charge upon the district, when such expense shall have 
been approved by the county superintendent of schools 
of the county within which the school district is located 
and a tax may be levied therefor without a vote of 
the district. 

Sec. 1039. STABLES IN RURAL DISTRICTS. 
HITCHING POSTS.— If in any rural school district, 
a petition signed by the persons charged with the sup- 
port and having the custody and care of eight or more 
children of school age is presented to the school board 
asking for the building of a suitable stable upon the 
school site, the board shall provide such stable without 
unnecessary delay. It shall be the duty of the school 
board in rural districts to provide four substantial 
hitching posts for each school site in the district. 



Duties of 
school officers 
thereto. 



Expenses. 



Stables. 



Hitching posts. 



Minors not 
allowea in 
public places 
—penalty. 



Chapter 295. — Laws of 1907. 

Sec. 1. MINORS NOT ALLOWED IN CER- 
TAIN PUBLIC PLACES. PENALTY.— It shall 
be unlawful for any owner or keeper of any pool or 
billiard hall, or any bowling alley or any temperance 
saloon, or any place under any name whatever where 
the games of pool, billiards, bowling or cards are 
played, to allow any person under the age of eighteen 
years or any person attending a local high school to 
either play anv of the games mentioned or to be em- 



STATE OF NORTH DAKOTA 129 

ployed in said places or be allowed to visit said places, 
unless by written consent of one or, both parents or 
guardians, or when accompanied by parent or guard- 
ian. Any person found guilty of violat-ng this sec- 
tion shall be punished by a fine of not less than five 
dollars or more than fifty dollars, or imprisonment in 
the county jail not to exceed thirty days, or both such 
fine and imprisonment. 

Municipal Refunding Bonds. 

{Chapter 54, Lazvs of 1905.) 

Section 3992. WHAT CORPORATION MAY IS- 
SUE. — Each incorporated town or village, school dis- 
trict or township in this state, that has heretofore 
issued, or shall hereafter issue bonds, purporting to 
have been issued for any purpose authorized by law, 
which bonds have been actually sold and delivered to School districts 
purchasers for value, so that the same constitute a bcfifds^^'^'^'^ 
valid and existing indebtedness, may at any time after 
maturity or before maturity, with the consent of the 
holder, and while said bonds are a valid and existing 
indebtedness against such town or village, school dis- 
trict or township, refund the same and issue and nego- 
tiate new bonds for the amount of such indebtedness 
or any part thereof. 

Sec. 2993. AUTHORITY FOR ISSUE.— The ne- 
cessity for issuing and negotiating bonds under the 
provisions of this act shall be determined as follows : 

In case of incorporated towns or villages, by the 

board of trustees. _ _ , Necessity de- 

In case of school districts, by the board of school terminedby 

.,. , - scriool board. 

directors. 

In case of townships, by the board of supervisors. 

Sec. 299-i. BONDS. HOW ISSUED.— When in the 
judgment of the board of any of the municipal cor- 
porations herein enumerated, it shall be deemed to be 
to the best interests of such municipal corporations to 
issue its negotiable bonds in the name of such corpo- School boards 

r 1 r r 1 • • i ™^y ISSUe. 

ration tor the purpose ot refunding or paying me out- 
standing bonded indebtedness of such corporation, as 
enumerated in section 2992, refunding bonds 
may be issued by resolutions duly and legally passed 
at a regular or special meeting of such board. Such 
bonds may be signed the same as the bonds refunded 
or by such officers of the municipal corporation issuing 
the same as may be designated in the resolutions pro- 
viding for their issuance. Such bonds shall be made 



School Laws— 9 



130 



GENERAL SCHOOL LAWS 



Proceeds used 
only for purpose 
for which 
issued. ■ 



Treasurer to 
keep register. 



payable in not less than five and not more than 
twenty years from the date of their issue, and shall 
not draw a higher rate of interest than the bonds re- 
funded. Such bonds shall be in such denominations 
as shall be designated in the resolutions authorizing 
their issuance, shall bear the date of their issue and 
date of maturity and shall recite on their face that they 
are issued under and by authority of this act, and shall 
be payable to the purchaser or bearer, and shall have 
interest coupons attached to each bond representing 
interest payment. 

Sec. 2995. BONDS MAY BE EXCHANGED OR 
SOLD. — Said bonds may be exchanged at par for an 
equal amount of the old bonds of said municipal cor- 
poration with the holder of said indebtedness, or may 
be sold by the board at not less than their par value 
and the proceeds applied solely to the payment of the 
indebtedness for which they are issued. 

Sec. 2996. BONDS TO BE REGISTERED BY 
THE TREASURER.— A record of each and every 
bond issue under this act shall be kept by the treas- 
urer of the municipal corporation issuing the same, 
showing the number of each bond, its date, amount, 
rate of interest, date due, where payable and to whom 
sold. 



Sinking fund. 



Issue limited. 



Negotiable. 



Sec. 2997. TAX TO BE LEVIED.— The resolu- 
tions authorizing the issuance of such bonds shall pro- 
vide for the levy and collection of an annual tax suffici- 
ent to pay the interest and principal of such bonds, as 
provided by section 184 of the constitution, and the 
fund arising from such tax levy shall be kept by the 
treasurer of such corporation in a special fund to be 
used solely for the payment of the interest and prin- 
cipal of such bonds. 

Sec. 2998. LIMIT OF ISSUE.— No more of such 
bonds shall be issued than are necessary for the pur- 
pose of paying the outstanding bonds of the municipal 
corporation issuing the same, as stated in section 
2992, after applving the cash in the treasury 
available for the payment of the said maturing bonds, 
and no bonds issued under authority of this act shall 
be issued or negotiated for less than their par value. 

Sec. 2999. BONDS NEGOTIABLE, WHEN.— 
Bonds issued in substantial conformity with the pro- 
visions of this act, shall in the law be deemed nego- 
tiable. 



STATE OF NORTH DAKOTA 



131 



CHAPTER 10. 

EDUCATIONAL AND CHARITABLE INSTI- 
TUTIONS. 
Article 1. — University of North Dakota. 

Sec. 1040. UNIVERSITY, WHERE LOCATED. 
—The university of North Dakota as now established 
and located at the city of Grand Forks shall continue 
to be the university of the state. {Sec. 215, sub. 2.) 

Sec. 1041. BOARD OF TRUSTEES TO 
GOVERN. — The government of such university 
shall be vested in a board of trustees consisting of five 
members, of which the Hon. William Budge, for and 
during his good pleasure, as an honorary member with 
all rights and powers of a member of said board, shall 
be one of said board; the remaining members thereof 
to be appointed by the governor, by and with the 
advice and consent of the senate, and shall hold their 
offices for the term of four years commencing on the 
first Tuesday in April next succeeding their appoint- 
ment 

Sec. 1042. GOVERNOR TO NOMINATE. 
VACANCIES, HOW FILLED.— The governor shall 
nominate and, by and with the advice and consent 
of the senate, appoint during each regular session of 
the legislative assembly trustees of such university in 
the place of those whose terms shall thereafter first 
expire, and such trustees shall hold their office until 
their successors are appointed and qualified ; provided, 
that the governor shall fill any vacancy in such board 
by appointment to extend only until the first Tuesday 
in April succeeding the next regular session of the 
legislative assembly ; and provided further, that the 
governor shall during the next regular session nomi- 
nate and, by and with the advice and consent of the 
senate, appoint some person to fill such vacancy for 
the remainder of the term unexpired. Not more than 
two members of the board shall be appointed from the 
same county. 

Sec. 1043. POWERS AND DUTIES OF BOARD. 
— The board of trustees shall possess all the powers 
necessary to accom.plish the objects and perform the 
duties prescribed by law, and shall have the custody of 
the books, records, buildings and all other property of 
such university. The board shall elect a president and 
a secretary who shall perform such duties as may be 



University- 
established at 
Grand Forlis. 



Governed by 
board of trus- 
tees. 



Wm. Budge 
life member. 



Term. 



Trustees ap- 
pointed by 
Governor. 



Vacancies- 
how filled. 



Trustees from 
same county. 



Powers of 
board. 



132 



GENERAL SCHOOL LAWS 



Officers and 
records. 



Secretary to 
be superinten- 
dent of build- 
ings and 
grounds. 



Meetings. 



Quorum. 



Limitation 
meetings. 



Trustees 
faculty. 



elect 



Instruction to 
be non-sectar- 
ian and non- 
partisan. 



Removal of 
professors. 



Rules and 
regulations 
for manage- 
ment of prop- 
erty. 



prescribed by the by-laws of the board. The secre- 
tary shall keep a correct record of all transactions of 
the board, and the committees thereof, and in addition 
to performing the duties of secretary, he shall be the 
superintendent of the buildings and grounds of the 
university and discharge such other duties as may 
from time to time be prescribed by the board of 
trustees. (See Sec. 1046.) 

Sec. 1044. MEETINGS OF THE BOARD.— The 
time for the election of the president and secretary of 
such board and the duration of their respective terms 
of office, the time for holding the regular annual meet- 
ing, and such other meetings as may be required, and 
the manner of giving notice of the same shall be de- 
termined by the board. Four members shall consti- 
tute a quorum for the transaction of business, but a less 
number may adjourn from time to time. 

Sec. 1045. NUMBER OF MEETINGS LIM- 
ITED. — Such board shall_not hold more than twelve 
sessions in any year and such sessions shall not exceed 
twenty-four days in the aggregate; but the governor 
may in his discretion authorize additional sessions. 

Sec. 1046. GOVERNMENT OF UNIVERSITY. 
POWERS OF TRUSTEES.— The board of trustees 
shall adopt rules for the government of the university 
in all its branches; elect a president and the requisite 
number of professors, instructors, officers and em- 
ployes, fix the salaries and the term of office of each, 
and determine the moral and educational qualifications 
of applicants for admission to the various courses of 
instruction; but no instruction, either sectarian in 
religion or partisan in politics shall ever be allowed in 
any department of the university, and no sectarian or 
partisan test shall ever be allowed or exercised in the 
appointment of trustees, or in the election of professors, 
teachers or other officers of the university, or in the 
admission of students thereto or for any purpose what- 
ever. Such board shall have power to remove the 
president, or any professor, instructor or officer of the 
university w^hen in its judgment the interests of the 
university require it. The board may prescribe rules 
and regulations for the management of the library, 
cabinets, museum, laboratories and all other property 
of the university and of its several departments, and 
for the care and preservation thereof, with suitable 
penalties and forfeitures by way of damages for their 



STATE OF NORTH DAKOTA 



133 



violation, which may be sued for and collected in the 
name of the hoard before any court having jurisdiction. 

Sec. 1049. BOARD MAY EXPEND INCOME. 
— The board is authorized to expend such portion of 
the income of the university fund as it may deem expe- 
dient for the erection of suitable buildings and the pur- 
chase of apparatus, a library, cabinets and additions 
thereto ; and if deemed expedient, it may unite with 
the university as a branch thereof any college in the 
state, upon application of its board of trustees; and 
such college so received shall become a branch of the 
university, and be subject to visitation by the trustees. 

Sec. 1048. BOARD TO MAKE REPORT, 
WHEN. — At the close of each fiscal year the trustees 
through their president shall make a report in detail to 
the governor, exhibiting the progress, condition and 
wants of each of the colleges embraced in the uni- 
versity, the course of study in each, the number of 
professors and students the amount of receipts and 
disbursements, together with the nature, cost and re- 
sults of all important investigations and experiments 
and such other information as they may deem impor- 
tant, one copy of which shall be transmitted free by 
the governor to each college endowed under the provi- 
sions of the act of congress entitled "An act donating 
land to the several states and territories which provide 
colleges for the benefit of agriculture and mechanic 
arts," approved July 2, 1862, and also one copy to the 
secretary of the interior. {See Sec. 1068.) 

Sec. 1049. POWERS OF THE PRESIDENT 
AND FACULTY. — The president of the university 
shall be president of the several faculties and the exe- 
cutive head of the instructional force in all its depart- 
ments ; as such, he shall have authority, subject to the 
power of the board of trustees to give general direc- 
tions respecting the instruction and scientific investi- 
gation of the several colleges, and so long as the in- 
terests of the institution require it he shall be charged 
with the duties of one of the professorships. The im- 
mediate government of the several colleges shall be in- 
trusted to their respective faculties, but the trustees 
shall have the power to regulate the course of instruc- 
tion and prescribe the books or works to be used in the 
several courses, and also confer such degrees and grant 
such diplomas as are usual in universities, or as they 
shall deem appropriate, and to confer upon the faculty, 
by by-laws the power to suspend or expel students for 
misconduct or other causes prescribed in such by-laws. 



Erection of 
buildings. 



Purchase of 
apparatus. 



Unite other, 
colleges. 



Board to re- 
port to gover- 
nor — what and 
when. 



Distribution 
of reports. 



President of 
university- 
powers. 



Faculties- 
powers. 



134 



GENERAL SCHOOL LAWS 



Object of uni- 
versity. 



Departments : 
Arts. 
T.cTters. 
Normal. 



Mines. 



Military. 



Professional 
Departments 



Courses of 
instruction— 
What to em- 
brace. 



Sec. 1050. OBJECT AND DEPARTMENTS OF 
THE UNIVERSITY.— The object of the university 
shall be to provide the' means of acquiring a thorough 
knowledge of the various branches of learning con- 
nected with scientific, industrial and professional pur- 
suits, in the instruction and training of persons in the 
theory and art of teaching, and also instruction in the 
fudamental laws of this state and of the United States 
in regard to the rights and duties of citizens, and to 
this end it shall consist of the following branches or 
departments : 

1. The college or department of arts. 

2. The college or department of letters. 

3. The teachers' college. 

4. The school of mines, the object of which shall 
be to furnish facilities for the education of such per- 
sons as may desire to receive instructions in chemistry, 
metallurgy, mineralogy, geology, mining, milling and 
engineering. 

5. The military department or school, the object of 
which shall be to instruct and train students in the 
manual of arms and such military maneuvers and tac- 
tics as are taught in military colleges. 

6. Such professional or other colleges or depart- 
ments as now are or may from time to time be added 
thereto, or connected therewith, and the board of 
trustees is hereby authorized to establish such profes- 
sional and other colleges or departments as in its judg- 
ment may be deemed necessary and proper, but no 
money shall be expended by the board in establishing 
and organizing any of the additional colleges or depart- 
ments provided for in this section, until an appropri- 
ation therefor shall have first been mad^. 

Sec. 1051. COURSES OF INSTRUCTION.— 
The college or department of arts shall embrace 
courses of instruction in mathematical, physical and 
natural sciences, with their application to industrial 
arts such as agriculture, mechanics, engineering, min- 
ing, and metallurgy, manufactures, architecture and 
commerce and such branches included in the college 
of letters as shall be necessary properly to fit the pupils 
in the scientific and practical courses for their chosen 
pursuits, and in military tactics. In the normal de- 
partment the proper instruction and learning in the 
theory and art of teaching and in all the various 
branches and subjects needful to qualify for teaching 
in the common schools ; and as soon as the income of 
the university will allow, in such order as the wants 



STATE OF NORTH DAKOTA 



135 



of the public shall seem to require, the courses of 
sciences and their application to the practical arts shall 
be expanded into distinct colleges of the university, 
each with its own faculty and appropriate title. The 
college of letters shall be co-existent with the college 
of arts and shall embrace a liberal course of instruction 
in languages, literature and philosophy, together with 
such courses or parts of courses in the college of arts 
as the trustees shall prescribe. 

Sec. 1052. SCANDINAVIAN LANGUAGE 
TAUGHT.— It shall be the duty of the trustees to 
cause to be taught at said institution the Scandinavian 
language, and for that purpose shall employ as one of 
the teachers of such institution a professor learned in 
that language. 



Sec. 1053. PUPILS, WHO MAY BECOME.— 
The university shall be open to students of both sexes 
under such regulations and restrictions as the board 
of trustees may deem proper, and all able bodied male 
students of the university may receive instruction and 
discipline in military tactics, the requisite arms for 
which shall be furnished by the state. 

Sec. 1054. GRADUATES ENTITLED TO CER- 
TIFICATES TO TEACH.— After any person has 
graduated at the university, and after such graduation 
has successfuly taught a public school in this state for 
sixteen months, the superintendent of public instruc- 
tion shall have authority and it shall be his duty to 
cquntersign the diploma of such teacher if upon exam- 
ination he is satisfied that such person has a good 
moral character and is possessed of sufficient learning 
and ability to teach. Any person holding a diploma 
granted by the board of trustees of such university, 
certifying that the person holding the same has gradu- 
ated from such university, shall after his diploma has 
been countersigned by the superintendent of public in-> 
struction -as aforesaid, be deemed qualified to teach any 
of the public schools in the state, and such diploma 
shall be a certificate of such qualification until annulled 
by the superintendent of public instruction. 

Sec. 1055. TUITION EEES.— No student who 
shall have been a resident of the scate for one year 
next preceding his admission shall be required to pay 
any fees for tuition in the university, except in the law 
department and for extra studies. The trustees may 
prescribe rates of tuition for any pupil in the law de- 



Scandlnavlan 
language. 



Open to both 
sexes. 



Diploma to be 
Indorsed by 
state superin- 
tendent— 
when; effect 
of such in- 
dorsement. 



Revocation. 



Tuition— who 
to pay and 
for what. 



136 



GENERAL SCHOOL LAWS 



partment, or who is not a resident as aforesaid, and for 
teaching extra studies. 

Sec. 1056. COMPENSATION OF TRUSTEES. 
— The trustees shall be entitled to receive the sum of 
three dollars per day for each day employed in attend- 
ance upon sessions of the board and all traveling 
expenses necessarily incurred thereby. Upon the 
presentation of the proper vouchers containing an 
itemized statement of the number of days attendance 
and money actually expended as above specified, duly 
verified by the oath of the trustee and certified by 
the president and secretar}^ of the board, the state 
auditor shall audit such claim and draw his warrant 
upon the state treasurer for the amount allowed. 



Trustees — 

compensation 

of. 



Trustees to 
prescribe rules 
of government 



Examinations 
for admission. 



Normal stu- 
dents to file 
declaration of 
intention to 
teach. 



Salaries of 
teacliing force 
— trustees to 
fix and certify. 



Official publi- 
cations to be 
furnished. 



Sec. 1057. TRUSTEES TO MAKE RULES 
AND BY-LAWS.— The board of trustees shall make 
rules, regulations and by-laws for the government and 
management of the university and of each department 
thereof. It shall also prescribe rules, regulations and 
by-laws for the admission of students ; but each appli- 
cant for admission must undergo an examination to 
be prescribed by the board, and shall be rejected if it 
shall appear that he is not of good moral character. 
The board shall also require each applicant for admis- 
sion in the normal department, other than such as shall, 
prior to admission, sign and file with such board a 
declaration of intention to follow the business of teach- 
ing in the common schools of this state for at least one 
year, to pay such fees for tuition as the board may 
deem proper and reasonable. 

Sec. 1058. SALARIES.— The board of trustees 
shall from time to time fix the salary of the president, 
professors and teachers of such university, and shall 
certify the same to the state auditor. Such board shall 
also from time to time certify to the state auditor the 
amount due such persons for salary, and the state 
auditor shall draw his warrants upon the state treasurer 
for the amounts so certified. 

Sec. 1059. SECRETARY OF STATE TO FUR- 
NISH LAWS. — The secretary of state shall deliver 
to the university fifty copies of each volume of the 
general and special laws of the state, and the reports 
of the decisions of the supreme court, hereafter pub" 
lished, for use in the way of exchanges and otherwise 
in the establishment and maintenance of a law library 
for the law department of such university. 



STATE OF NORTH DAKOTA 



137 



Reports of 
supreme court. 



Loan of mus- 
kets, etc. 



Sec. 1060. SUPREME COURT REPORTS, 
HOW OBTAINED.— He shall procure for the pur- 
pose aforesaid from the publishers of the supreme 
courts reports fifty copies of each volume thereof here- 
after published, in addition to the number authorized 
for other purposes, to be paid for at the same price and 
in the same manner as such reports are delivered to 
the secretary for other purposes. 

Sec. 1061. LOAN OF MUSKETS AUTHOR- 
IZED. — The adjutant general or whoever may be in 
charge of the state arms shall, under the direction of 
the governor, loan to the board of trustees of such 
university one hundred muskets and accoutrements or 
as many as can be spared, not exceeding that number, 
the same to be used for drill purposes, by the students 
of such university. 

Sec. 1062. MUSKETS WHEN RETURNED.— 
In case such arms and accoutrements are needed by 
the state at any time, the governor or adjutant general 
under his instruction may call in the same and the 
trustees of such university shall immediately turn the 
same over to such officer in good condition. 

Sec. 1063. GEOLOGICAL SURVEY. DUTY 
OF TRUSTEES.— It shall be the duty of the board 
of trustees of the university to cause to be begun 
as soon as may be practicable, and to carry on a thor- 
ough geological and natural history survey of the state. 

Sec. 1064. EXTENT OF THE SURVEY.— The 
geological survey shall be carried on with a view to a 
complete account of the mineral kingdom, as repre- 
sented in the state, including the number, order, dip 
and magnitude of the several geological strata, their 
richness in ores, coals, clays, peats, salines and min- 
eral waters, marls, cements, building stones and other 
useful materials, the value of said substances for 
economical purposes, and their accessibility ; also an 
accurate chemical analysis of the various rocks, soils, 
ores, clays, peats, marls and other mineral substances 
of which a complete ^nd exact record shall be made. 



Sec. 1065. METEOROLOGICAL STATISTICS 
TABULATED.— The board of trustees shall also 
cause to be collected and tabulated such meterological 
statistics as may be needed to account for the varieties 
of climate in the various parts of the state ; also to 
cause to be ascertained by barometrical observations 
or other appropriate means, the relative elevations and 
depressions of the different parts of the state ; and also 



Same to be re- 
turned when 
needed by the 
state. 



Creoloi?!cal and 
namral history 
survey. 



Extent of 
such survey. 



Analysis of 
minerals. 



Weather re- 
ports. 



138 



GENERAL SCHOOL LAWS 



on or before the completion of such surveys to cause 
to be compiled from such actual surveys and measure- 
Official map . ments as may be necessary an accurate map of the 
state ; which map when approved by the governor> shall 
be the official map of the state. 



Museum to be 
maintained. 



Geological map 



Sec. 1066. SPECIMENS COLLECTED.— It shall 
be the duty of said board to cause proper specimens, 
skillfully prepared, secured and labeled of all rocks, 
soils, ores, coals, fossils, cements, building stones, 
plants, woods, skins and skeletons of animals, birds, 
insects and fishes, and other mineral, vegetable and 
animal substances and organisms discovered or exam- 
ined in the course of said surveys, to be preserved for 
public inspection free of cost, in the university of North 
Dakota, in rooms convenient of access and properly 
warmed, lighted, ventilated and furnished- and in the 
charge of a proper scientific curator; and they shall, 
also, whenever the same may be practicable, cause 
duplicates in reasonable numbers and quantities of the 
above named specimens, to be collected and preserved 
for the purpose of exchange with other state universi- 
ties and scientific institutions, of which latter the 
Smithsonian institution at Washington shall have the 
preference. 

Sec. 1067. MAP OF THE STATE.— The board 
shall cause a geological map of the state to be made as 
soon as may be practicable, upon which by colors and 
other appropriate means and devices the various geo- 
logical formations shall be represented. 



Annual report 
as to surveys. 



Governor's 
duty with ref- 
erence thereto. 



Sec. 1068. ANNUAL REPORT OF TRUSTEES. 
— It shall be the duty of the board, through its presi- 
dent, to make on or before the second Tuesday in 
December of each year, a report showing the progress 
of said surveys, accompanied by such maps, drawings 
and specifications as may be necessary and proper to 
exemplify the same to the governor, who shall lay the 
same before the legislative assembly, and the board 
upon the completion of any separate portion of any of 
the said surveys shall cause to be prepared a memoir 
or final report which shall embody in a convenient 
manner all useful and important information accumu- 
lated in the course of the investigation of the particular 
department or portion ; which report or memoir shall 
likewise be communicated through the governor to the 
legislative assembly. 



STATE OF NORTH DAKOTA 



139 



Sec. 1069. STATE GEOLOGIST.— The professor 
of geology in the university shall be ex-ofiicio state 
geologist. 

Sec. 1070. APPROPRIATION FOR EXPENSES. 
GEOLOGICAL SURVEY.— There is hereby appro- 
priated out of any funds in the state treasury, not 
otherwise appropriated, the sum of one thousand dol- 
lars annually, to meet the necessary expenses con- 
nected with the geological survey of the state, as pro- 
vided for in sections 1063 and 1064. 

Sec. 1071. ANNUAL APPROPRIATION FOR 
MAINTENANCE.— For the year 1899 and for each 
year thereafter, there is hereby appropriated out of 
any moneys in the state treasury, not otherwise appro- 
priated, the sum of two-fifths of a mill upon the dollar 
of the assessed valuation of the property assessment 
of the state of North Dakota, as fixed by the state 
board of equaHzation for the preceding year, the same 
to be paid monthly to the board of trustees of the 
university of North Dakota upon the voucher of said 
board, signed by its president. 



state geologist 
—who. 



Geological sur- 
vey—appro- 
priation for. 



Maintainance — 
appropriation — 
state univer- 
sity. 



Article 2. — Normal Schools. 

Sec. 1074. NORMAL SCHOOLS LOCATED.— 
The normal school as established and located at the 
city of Mayville in the county of Traill, and the normal 
school as established and located at the city of Valley 
City in the county of Barnes, shall continue to be the 
normal schools of the state. (See Const. Sec. 215 j sub. 
4 and 7.) 

Sec. 1075. ENDOWMENT AND MAINTE- 
NANCE. — All proceeds accumulating in the interest 
and income fund arising from the sale or rental of the 
lands granted or hereafter to be granted by the state 
of North Dakota for such normal schools, are hereby 
pledged for the establishment and maintenance of such 
schools. 

Sec. 1076. MANAGEMENT OF.— The govern- 
ment and management of such schools are vested in a 
board of trustees to be known as the board of trustees 
of the state normal schools, and in a board of manage- 
ment for each school to be known as the board of man- 
agement of the normal school at Mayville, and iht 
board of management of the normal school at Valley 
City respectively. 



Normal 
schools— 
where located 



How main- 
tained. 



To be man- 
aged by trus- 
tees. 



140 



GENERAL SCHOOL LAWS 



Sec. 1077. BOARDS, HOW CONSTITUTED.— 
The board of management for each normal school shall 
consist of five members. The board of trustees of such 
normal school shall consist of twelve members, ten 
of whom shall be members of the respective boards of 
management as herein provided. The governor and 
superintendent of public instruction shall be ex-officio 
members of such board of trustees and the superin- 
tendent of pubic instruction shall act as president of 
such board. 



Boards— of 
how many- 
composed. 



Ex-officio 
members. 



Trustees ap- 
pointed by 
governor, for 
four years. 



Qualifications. 



Organization 

of board. 



Commissions. 



Secretary 
of board. 



Meetings— 
wtien and 
where. 



Compensation. 



1078. TERMS OF TRUSTEES.— The governor 
shall by and with the advice and consent of the senate 
appoint during each biennial session of the legislative 
assembly, five members of such board of trustees who 
shall hold their office for four years commencing on the 
second Tuesday in April following such appointment. 
The governor shall fill all vacancies therein by appoint- 
ment for unexpired terms. At the first meeting of the 
board of management of each normal school the mem- 
bers thereof shall take and subscribe the oath of office 
required of all civil officers and shall proceed to elect 
a president of the board who shall reside in the vicin- 
ity of such normal school, and the president of the 
school shall be the secretary of the board, but shall have 
no vote. In the absence of the secretary the board 
may select one of its members to act as secretary. The 
majority of the members of the board of management 
shall constitute a quorum for the transaction of busi- 
ness. {See Appendix D. — Note 32.) 

Sec. 1079. COMMISSIONS. SECRETARY.— 
The governor shall cause to be issued to each of the 
members of the board of trustees a commission under 
the great seal of the state, and such commission shall 
designate the board of management upon which such 
members shall serve. A majority of the members of 
the board of trustees shall constitute a quorum for the 
transaction of business. 

Sec. 1080. MEETINGS. COMPENSATION. 
— The board of trustees shall meet at Valley 
City and at Mayville or at the seat of govern- 
ment at such time each year as may be decided upon 
by the board. The members of the board shall receive 
the sum of three dollars per day for each day employed 
in attendence upon sessions of the board of trustees, 
or the board of management, and their actual and nec- 
essary expenses in attending meetings of the respective 
boards, or in other duties connected therewith, which 



STATE OF NORTH DAKOTA 



141 



expenses shall be paid out of the state treasury upon 
the vouchers of the respective boards in the manner 
provided by law. The board of trustees shall not be in 
session for' exceeding eight days in any one year nor 
either board of management to exceed twelve days 
during each year. The secretary of the board of 
trustees shall receive such salary as shall be deter- 
mined by the board not exceeding one hundred dollars 
a year and his actual expenses incurred in attending 
meetings of the board, which shall be paid as herein 
provided for members of the board of trustees. 

Sec. 1081. TREASURER TO KEEP FUNDS.— 
All moneys arising from the interest and income de- 
rived from the rental and sale of the lands appropriated 
to such schools, and all moneys that may hereafter be 
appropriated by the state, including all moneys raised 
in any other manner for either of such schools shall 
be deposited with the state treasurer, to be by him kept 
in two separate funds, to be known as the fund of the 
state normal school at Mayville, and the fund of the 
state normal school at Valley City, respectively, and 
such funds shall be used exclusively for the benefit of 
such schools. 



Maximum 
time. 



Salary of 
secretary. 



State treasur- 
er to keep 
funds. 



Funds kept 
separate. 



Sec. 1082. OBJECTS OF NORMAL SCHOOLS. 
— The objects of such normal schools shall be to pre- ^ . 
pare teacners in the science of education and the art prepare teacK- 
of teaching in public schools. The board of trustees- ^^^" 
with the assistance of the respective faculties, shall 
adopt the full course of studv prescribed for that pur- 
pose, which shall embrace the academic and profes- 
sional studies usually taught in normal schools ; pro- 
vided, that such academic and professional studies Course of 
shall not extend more than two years beyond the ^ ^ ^^ 
course of study prescribed in a high school of the first 
class. Such schools shall in all things be free from 
sectarian control. 

Sec. 1083. DUTIES OF BOARD AS TO AP- 
PROPRIATIONS.— The board of management of 
each normal school shall direct the disposition of all board^a°s^to 
moneys appropriated by the legislative assembly for funds, 
current expenses of such school, and shall have super- 
vision and charge of the construction of all buildings 
authorized by law for such school, and shall direct the 
disposition of all moneys appropriated therefor or 
accumulating therefor as provided in this article. Thev Superinten- 
shall have power to appoint one of their members *^t*ruct°i^n*^°°" 
superintendent of construction of all buildings, who 



142 



GENERAL SCHOOL LAWS 



shall receive three dollars per day for each day actually 
and necessarily engaged in the discharge of his duties 
not to exceed fifty days in any one year, which sum 
shall be paid out of the state treasury as herein pro- 
vided ; but all expenditures incurred under the direction 
of either of the boards aforesaid shall be audited and 
allowed by such board of management and the ex- 
penditures incurred under the direction of the board 
of trustees aforesaid shall be audited and allowed by 
such board. 



Audit of ex- 
penses. 



Board of man- 
agement to fix 
salaries of 
employes. 



Propose 
names of 
teachers. 



Report to 
trustees. 



Salaries of In- 
structors 
fixed by trus- 
tees. 



Length of 
school term- 
how deter- 
mined. 



The faculty- 
its powers and 

duties. 



Sec. 1084. SALARIES OF EMPLOYES. RE- 
PORTS. — The board of management of each normal 
school shall have the care of the buildings belonging 
to such school. It shall have the power to fix the 
salaries of employes, except members of the faculty, 
and to prescribe their respective duties, and to remove 
any of such employes at any time. It shall at such 
times as may be determined upon propose to the board 
of trustees the names of persons as president of the 
school, teachers and instructors, with the recommenda- 
tion that such persons be employed by such board of 
trustees as the faculty of such school. It shall on or 
before the third Monday in November of each year 
make an annual report to the board of trustees, show- 
ing a statement of all expenditures of funds under its 
direction, the erection and care of buildings, the condi- 
tion of schools, and containing such recommendations 
as they may think proper. 

Sec. 1085. SALARIES OF -PRESIDENT AND 
TEACHERS.— The board of trustees shall fix the 
salaries of the president of the school, teachers and 
instructors, and shall employ the persons therefor that 
have been recommended by the respective boards of 
management, unless in the opinion of the board of 
trustees a reasonable ground exists for refusing to em- 
ploy such persons. The board of trustees shall pre- 
scribe the time and length of the various terms of such 
school. 

Sec. 1086. THE FACULTY, DUTIES OF.— The 
faculty shall consist of the president of the school, 
teachers and instructors employed for each school as 
herein provided. The faculty shall pass all needful 
rules and regulations for the government and discipline 
of the school, regulating the routine of labor and 
study, and the duty and exercises and such other rules 
and regulations as are necessary for the preservation 
of morals, decorum and health. They shall carry out 



STATE OF NORTH DAKOTA 



143 



the course of study adopted by the board of trustees 
and shall arrange for the classification of all pupils in 
conformity therewith. 

Sec. 1087. DUTY OF PRESIDENT.— The presi- 
dent of the school shall be the chief executive officer 
of the school and it shall be his duty to see that all 
the rules and regulations are executed. The in- 
structors and employes shall be under his direction and 
supervision. It shall also be the duty of the president 
of each school to request the secretary of state to fur- 
nish to each school ten copies of the revised codes of 
1905, and ten copies of the session laws and supreme 
court reports hereafter published for library and ex- 
change purposes, and thereupon the secretary of state 
shall furnish the same. 



Principal Is 
executive offl- 
cer. 
Duty. 



Sec. 1088. ANNUAL REPORT OF FACULTY. 
— The faculty shall, on or before the third Monday in 
October in each year make an annual report to the 
board of trustees showing the general condition of the 
school and containing such recommendations as the 
welfare of the institution demands. 

Sec. 1089. BIENNIAL REPORTS TO GOV- 
ERNOR. — The board of trustees shall make a report 
to the governor on or before the fifteenth day of No- 
vember next preceding each biennial session of the leg- 
islative assembly, containing the several reports of the 
boards of management and faculties herein provided 
for, showing the condition of the funds appropriated 
for the school, the money expended and the purpose 
for which the same was expended, in detail, and show- 
ing the condition of the normal schools generally. 

Sec. 1090. DIPLOMAS.— The board oi trustees 
and the respective faculties of each school shall have 
power to issue diplomas to all persons who shall have 
completed the courses of study prescribed for the nor- 
mal schools as herein provided, and who shall have 
passed a satisfactory examination under the direction 
of the board of trustees, upon the branches contained 
in such courses and who shall be known to possess a 
good moral character, which diolomas shall set forth 
the above mentioned facts and shall be designated as 
the state normal school diplomas. 

Sec. 1091. STATE PROFESSIONAL CER- 
TIFICATE. — Any person who is the holder of such 
a diploma and who can furnish satisfactorv evidence 
to the superintendent of public instruction that he has 
had three years' successful experience as a teacher. 



Faculty to 
report to 
irustees rnnn- 
ally. 



Trustees to 
report to 
governor. 



Diplomas — 
who eucltled 
to. 



State profes- 
sional certifi- 
cate. 



144 



GENERAL SCHOOL LAWS 



■shall be granted by the superintendent of public in- 
struction a state professional certificate, valid for life 
as provided by law, and any such person who can fur- 
nish satisfactory evidence of one year's successful ex- 
perience as a teacher shall be granted such certificate, 
valid for five years, as provided by law. The fees 
for such certificate shall be as provided bv law. 



Five-year cer- 
tificate. 



Article 3. — North Dakota Academy of Science. 



Academy of 
science — 
object. 



Sec. 1092. OBJECT OF ACADEMY OF SCI- 
ENCE. — The North Dakota academy of science here- 
tofore established at Wahpeton is hereby continued as 
such. The object of such academy shall be to furnish 
instruction in the pure and applied sciences, mathe- 
matics, languages, political science, and historv as is 
usually given in schools of technology below the junior 
year, the chief object being the training of skilled 
workmen in the most practical phases of applied 
science. A general science course may also be offered, 
consisting of three years' work above the high school 
course. Upon completion of either of the above 
courses the board of trustees may grant appropriate 
certificates of the work accomplished. 



Governed by 
trustees. 



Appointment 
of trustees. 



Meetings. 



OiBcers of 
board. 



Sec. 1093. HOW GOVERNED.— Such school 
shall be under the direction and management of a board 
of trustees and shall be erected, governed and main- 
tained as hereinafter provided. 

Sec. 1094. BOARD, HOW CONSTITUTED.— 
Such board of trustees shall consist of five members 
who shall be appointed by the governor, by and with 
the consent of the senate, and shall hold their office for 
a term of four years ; provided, that immediately upon 
the taking effect of this act the governor shall appoint 
three members of this board who shall hold office for 
four years and two members who shall hold office for 
two years, each member of said board to hold office 
until his successor is appointed and qualified; and the 
governor may fill -vacancies as in other cases. The 
members of such board shall meet at Wahpeton annu- 
ally on the first Tuesday in April and shall from 
among their number elect a president and secretary, 
and said board may provide for such other meetings 
at such times and places as may be deemed expedient ; 
provided, that the governor may designate the time of 
holding: the first meeting of said board. 



STATE OF NORTH DAKOTA 



145 



Sec. 1095. POWERS OF BOARD.— Such board 
shall have power to buy or procure the necessary 
ground and to erect and equip the necessary buildings 
for said school, to appoint a principal and assistants 
to take charge of such school and such other teachers 
and officers as may be required, and fix the salaries of 
each and prescribe their several duties. It shall also 
have power to remove, either principal, assistant or 
teacher and appoint others in their stead. The board 
shall prescribe the various books to be used in such 
school and shall make all the regulations and by-laws 
necessary for good government and maintenance of 
the same and shall have power to procure all necessary 
apparatus, instruments and appurtenances for instruc- 
tion in said school. 



Sec. 1096. RULES AND REGULATIONS.— 
The board shall prescribe such rules and regulations 
for the admission of pupils to said school as it shall 
deem necessary and proper and may in its discretion 
require applicants for admission into such school to 
pay such fees or tuition as the board may deem reason- 
able. 

Sec. 1097. COMPENSATION.— All necessary ex- 
penses incurred by members of the board of trustees 
and the sum of three dollars per diem for the time 
actually and necessarily employed in the discharge o^' 
the duties of their office shall be paid on the proper 
voucher out of the general funds of the state. Tl.e 
principal, assistants, teachers and other officers and 
employes in such school shall be paid out of the fund 
of the North Dakota Academy of Science. 

Sec. 1098. DUTIES OF STATE TREASURER. 
■ — The state treasurer shall be the custodian of all funds 
belonging to such school, from whatever source re- 
ceived, and the same shall be deposited v/ith him and 
by him kept in a separate fund Avhich shall be known 
as the North Dakota academy of science fund, and shall 
be used exclusively for the benefit of such academy ; 
provided, however, that any sum or sums received by 
such board of trustees for tuition or fees, for scholar- 
ships in such school, may be kept and disbursed by the 
secretary of such board upon the order of the president 
thereof, for correct (current) expenses of such school. 

Sec. 1099. MAJORITY SHALL CONSTITUTE 
OUORUM. — A majoritv of the members of the board 
of trustees shall constitute a quorum, but a less number 
may adjourn from time to time. All proceedings of 



Powers. 



Over in- 
structors. 



Rules, regu- 
lations, etc. 



Admission of 
pupils. 



Compensation 
of trustees. 



Instructors — 
from what 
fund paid. 



State treasur- 
er custodian of 
all funds. 



Tuition fees, 
how used. 



Majority of 
board a 
quorum. 



School Laws— 10 



146 



GENERAL SCHOOL LAWS 



the board shall be recorded in a book kept for that pur- 
pose, which shall be open to inspection to any person 
on request ; and the secretary shall keep a strict account 
of all moneys received by him in such manner as may 
be prescribed by the board, and such accounts shall at 
all times be open to inspection by said board or any 
member thereof. 



Records open 
fori inspection. 



Agricultural 
college— loca- 
tion of. 



Trustees to 
manage. 



Trustees- 
number and 
appointment of 



Vacancies. 



Commission 
under great 
seal. 



How shall 
qualify. 



Organization 
and quorum. 



Article 4. — Agricultural College. 

Sec. 1100. LOCATION OF.— The agricultural 
college shall continue as now established and located at 
Fargo in the county of Cass. {Sec Const. Sec. 215, 
Sub. 3.) 

Sec. 1101. MANAGEMENT OF.— The govern- 
ment and management of such college is vested in a 
board of trustees to be known as the board of trustees 
of the agricultural college. 

Sec. 1102. BOARD OF TRUSTEES, HOW AP- 
POINTED. VACANCIES.— The board of trustees 
shall consist of seven members, to be appointed as fol- 
lows : During each biennial session of the legislative 
assembly there shall be nominatecl by the governor 
and, by and with the advice and consent of the senate, 
appointed for the term of four years, trustees to fill 
vacancies occurring by the expiration of the term of 
office of those previously appointed. The governor 
shall have pov^^er to fill all vacancies in such board 
which occur when the legislative assembly is not in 
session, and the members of such board shall hold 
their office until their successors are appointed and 
qualified as provided in this article. Persons appointed 
to fill vacancies shall hold office only until the first 
Tuesday in April succeeding the next session of the 
legislative assembly. 

Sec. 1103. COMMISSION. OATH. ORGANI- 
ZATION. — The governor shall cause to be issued to 
each trustee so appointed a commission under the great 
seal of the state. At the first meeting of such board 
the members thereof shall take and subscribe the oath 
of office required of other civil officers and shall then 
proceed to elect a president, secretary and treasurer, 
but the treasurer shall not be a member of the board. 
A majority of the members of the board shall constitute 
a quorum for the transaction of business. The board 
shall require a bond of its treasurer in such an amount 
and with such sureties as it may deem proper. (See 
Appendix D.—Note 32.) 



STATE OF NORTH DAKOTA 



147 



Meetings — 
When. 

where — how 
many. 



Compensafiion. 



Duty of board 
as to funds. 



Sec. 1104. MEETINGS, WHERE HELD. COM- 
PENSATION OF TRUSTEES.— The board shall 
hold its meetings at the city of Fargo at such times as 
it may designate, but there shall not be to exceed six 
regular meetings each year ; provided, that the presi- 
dent of the board shall have power to call special meet- 
ings whenever in his judgment it becomes necessary. 
The members of the board shall receive as compensa- 
tion for their services the sum of three dollars per 
day for each day employed and five cents per mile for 
each mile actually and necessarily traveled in attending 
the meetings of the board, which sum shall be paid out 
of the state treasury upon vouchers of the board duly 
certified by the president and secretary thereof. 

Sec. 1105. DUTIES OF BOARD.— Such board 
shall direct the disposition of all moneys appropriated 
by the legislative assembly or by the congress of the 
United States, or that may be derived from the sale of 
lands donated by congress to the state for such college, 
or that may be donated to or come from any source 
to the state for said college, or experiment station for 
North Dakota, subject to all restrictions imposed upon 
such funds either by the constitution or laws of the 
state or by the terms of such grants from congress, and 
shall have supervision and charge of the construction 
of all buildings authorized by law for such college and 
station. The board shall have power to employ a presi- 
dent and necessary teachers, instructors and assistants 
to conduct such school and carry on the experiment 
station connected therewith and to appoint one of its 
members superintendent of construction of all build- 
ings, who shall receive three dollars per day for each 
day actually and necessarily engaged in the discharge 
of his duties, not to exceed fifty days in any one year, 
which sum shall be, paid out of the state treasury upon 
the vouchers of said board. 



Employ in- 
structors. 



Superintendent 
of construc- 
tion. 



Sec. 1106. COURSE OF INSTRUCTION.— The 
object of such college shall be to afford practical in- 
struction in agriculture and the natural sciences con- 
nected therewith, and in the sciences which bear di- 
rectly upon all industrial arts and pursuits. The course 
of instruction shall embrace the English language and 
literature, mathematics, military tactics, civil engineer- 
ing, agricultural chemistry, animal and vegetable anat- 
omy, and physiology, the veterinary art, entomology, 
geology and such other natural sciences as may be pre- 
scribed, political, rural and household economy, horti- 
culture, moral philosophy, history, bookkeeping and 



Object and 
course of study 



148 



GENERAL SCHOOL LAWS 



especially the application of science and the mechanic 
arts to practical agriculture. A full course of study 
in the institution shall embrace not less than four years, 
and the college year shall consist of not less than nine 
calendar months, which may be divided into terms by 
the board of trustees as in its judgment will best secure 
the objects for which the college was founded. 

Sec. 1107. BOARD OF TRUSTEES TO FIX 
SALARIES.— The board of trustees shall fix the sal- 
aries of the president, teachers, instructors and other 
employes and prescribe their respective duties. The 
board shall also fix the rate of wages to be allowed the 
students for labor on the farm and experiment station 
or in the shops or kitchen of the college. The board 
may remove the president or subordinate officers and 
supply all vacancies. 

Sec. 1108. FACULTY TO ADOPT RULES AND 
REGULATIONS.— The faculty shall consist of the 
president, teachers and instructors and shall pass all 
needful rules and regulations for the government and 
discipline of the college, regulating the routine of labor, 
study, meals and the duties and exercises, and all such 
rules and regulations as are necessary for the preser- 
vation of morals, decorum and health. 

Sec. 1190. DUTIES OF PRESIDENT.— The 
president shall be the chief executive officer of the col- 
lege and it shall be his duty to see that all rules and 
regulations are executed, and the subordinate officers 
and employes not members of the faculty shall be 
under his direction and supervision. 

Sec. 1110. FACULTY TO MAKE ANNUAL 
REPORT TO BOARD.— The faculty shall make an 
annual report to the board of trustees on or before the 
first Monday in November of each year, showing the 
condition of the school, experiment station and farm 
and the results of farm experiments and containing 
such recommendations as the welfare of the institution 
demands. 

Sec. 1111. ANNUAL REPORT TO GOV- 
ERNOR. — The board of trustees shall on or before the 
fifteenth day of November in each year make a report 
to the governor setting forth in detail the operations 
of the experiment station, including a statement of the 
receipts and expenditures, a copy of which report shall 
be sent by the governor to the commissioner of agri- 
culture and to the secretary of the treasury of the 
United States, and the board shall also make report 



Full course 
four years. 



Salaries fixed 
by trustees. 



Removals and 
vacancies. 



Government 
and discipline, 
faculty to 
adopt rules for 



President ex- 
ecutive officer 



Duty to en- 
force rules. 



Faculty to re- 
port to trus- 
tees annually. 



Annual report 
ti> eovernor by 
trustees. 



Report to conj- 
missdoner of 
agriculture. 



STATE OF NORTH DAKOTA 



149 



Biennial report 
of trustees. 



L(> the .governor on or before the fifteenth day of 
November next preceding each biennial session of the 
legislative assembly, containing a financial statement 
rb owing the condition of all funds appropriated for 
the use of such college and experiment station, also the 
mioneys expended and the purposes for which the same 
were expended, in detail, also the condition of the insti- 
tution and the results of the experiments carried on 
there. 

Sec. 1112. DEGREES MAY BE CONFERRED. 
— The board and the faculty shall have power to con- 
fer degrees upon all persons who shall have completed 
the course of study prescribed by them, and who shall 
have passed a satisfactory examination in the branches 
contained in such course, and who possess a good 
moral character. 



Degrees, on 
whom may be 
conferred. 



Sec. 1113. ACCEPTANCE OF LAND GRANT. 
— The grants of land accruing to this state by virtue 
of an act of congress donating public lands for the u'^e 
and support of agricultural colleges approved Feb- 
ruary 32, 1889, is hereby accepted with all the condi- 
tions and provisions in said act contained, and said 
lands are hereb}^ set apart for the use and support of 
the colleges herein provided for. 

Sec. 1114. BOND OF TREASURER.— The treas- 
urer of such college shall give a bond in the sum of 
fifty thousand dollars with at least four sureties to be 
approved by the board of trustees of such college, con- 
ditioned for the faithful accounting of all moneys re- 
ceived by him as such treasurer. 

Article 6. — Agricultural and Geological Survey. 

Sec. 1121. AGRICULTURAL COLLEGE BOARD 
CO-OPERATE.— The board of trustees of the agri- 
cultural college of the state of North Dakota is hereby 
authorized to co-operate with the directors of the 
United States federal surveys and to accept the co- 
operation of the United States with this state in exe- 
cuting a topographic, economic and agricultural survey 
and map of North Dakota, which is hereby authorized 
to be made ; and the said board of trustees shall have 
the power to arrange with said directors, or other 
authorized representatives of the United States gov- 
ernment surveys, concerning the details of said work, 
the methods of its execution, and the order in part 
of time in which these surveys and maps of the dif- 
ferent parts of the state shall be completed ; provided, 



Land grant 
accepted. 



Treasurer's 

bond. 



Topographic 
map. 



150 



GENERAL SCHOOL LAWS 



that the said directorsof the United States government 
survey, thus co-operating with the state of North 
Dakota, shall agree to expend on the part of the United 
States upon said work a sum equal to that appropriated 
by the state of North Dakota for that purpose. 

Sec. 1123. MAPS UNIFORM WITH U. S. 
MAPS. — In arranging the details heretofore referred 
to, it is expected that the topographic maps resulting 
from this survey shall be similar in general design to 
the Fargo and Casselton sheets already made by the 
United States geological survey ; that they shall show 
the location of all roads, railroads, streams, lakes and 
rivers, and shall contain certain lines showing the 
elevation and depression for every twenty feet of 
vertical interval of the surface of the county ; and that 
the resulting maps shall recognize the co-operation of 
the state of North Dakota. 



Maps— des- 
cription. 



What to show 



Economic sur- 
vey. 



Water supply. 



Climatic varia- 
tions. 



Samples for 
museum to be 
collected. 



Publication 
map. 



of 



Sec. 1123. MAKE AN ECONOMIC SURVEY. 
— Following the completion of the topographic maps, 
or as rapidly as deemed expedient, an economic sur- 
vey shall be made, including a complete account of all 
economic resources of agricultural importance, includ- 
ing the character and value of soil for agricultural pur- 
poses, the nature and extent of water supplies, iDOth 
surface and artesian, together with the analvsis of soils, 
waters, etc., including also the collecting and tabulat- 
ing of meteorological data necessary in explaining 
climatic variations, and such other investigations as 
naturally belong to an economic survey. 

Sec. 1124. STATE DIRECTOR TO COLLECT 
SAMPLES.— It shall be the duty of the state di- 
rector of this survey to collect or cause to be collected, 
samples of all rocks, soils, coals, clays, minerals, fos- 
sils, plants, woods, skins and skeletons of native ani- 
mals, and such other products of economic or scien- 
tific interest discovered during this survey, which prop- 
erly secured and labeled, shall be placed on exhibition 
in the museum of the North Dakota agricultural col- 

\QCrQ, 

"sec. 1125. ARRANGE TO PUBLISH MAPS.— 
The state director of this survey shall arrange with 
the directors of the government surveys for the pub- 
lications of economic maps resulting from this sur- 
vey, which shall be similar in design to, and uniform 
with the publication now made by these surveys ac- 
companied by (a) the written description of the forma- 
tions and economic resources, which shall constitute a 



STATE OF NORTH DAKOTA 



151 



state director, 
to report to 
governor. 



report, embodying' and setting forth all useful informa- 
tion developed during these investigations. 

Sec. 1126. PUBLISH REPORTS.— There shall 
be published from time to time, as bulletins of the ^periment'' 
North Dakota experiment station,' preliminary reports station, 
of this survey, as the work progresses, showing the 
results of the survey and investigations conducted, 
together with preliminary maps showing the areas cov- 
ered, and these preliminary reports shall be sent gratis Distribution, 
to all citizens of North Dakota making application. 

Sec. 1137. MAKE BIENNIAL REPORT TO 
GOVERNOR.— It shall be the duty of the said board 
of trustees, through the state director of this survey, 
to make on or before the second Tuesday of Decem- 
ber of each year, immediately preceding the regular 
sessions of the legislative assembly of North Dakota, 
a biennial report to the governor, showing the progress 
of the survey, accompanied by copies of the maps com- 
pleted and results accomplished, together with a report 
of all moneys received and expended ; and the governor 
shall lay this report before the legislative assembly. 

Sec. 1138. STATE DIRECTOR.— The professor 
of geology of the North Dakota agricultural college 
shall act, under the direction of the board of trustees 
of said institution, as state director of this survey. 

Sec. 1139. APPROPRIATION.— There is hereby 
appropriated out of the money of the state treasury, 
not otherwise appropriated, the sum of five hundred 
dollars ($500) annually, which shall be paid by the 
state treasurer upon a draft from the secretary of the 
board of trustees, having in control this survey. 

Sec. 1130. — NAME. — This survey shall be known 
as the Agricultural College survey of North Dakota. 

Sec. 1131. NOT CONFLICTING.— This act is not 
to be construed as conflicting in any manner with 
or repealing the geological survey of North Dakota 
already established at the state university. 



state director 
— who is. 



Annual ap- 
propriation. 



Name of sur- 
vey. 



Not to con- 
flict witli state 
university. 



Sec. 1133. BELONG TO THE 
lands belonging to the state, or lands 
lands and public institution lands, in 
ered any valuable deposit of coal or 
kind, clay, gravel or stone shall be 
property of the state until provision 
leasing thereof is especially provided 



STATE.— Any 
known as school 
which is discov- 
minerals of any 
and remain the 

for the sale or 
for by law. 



Mineral de- 
posit in state 
or school 
lands belongs 
to state. 



152 



GENERAL SCHOOL LAWS 



Deaf and 
dumb children 
— where edu- 
cated. 



Trustees — 
number and 
appointment. 



Vacancies. 



Term of office. 



Meetings. 



Organization. 



Quorum. 



Oath. 



Duties. 



Article 7. — School for the Deaf and Dumb. 

Sec. 1133. LOCATION.— The school for the deaf 
and dumb as located by the constitution at Devils Lake 
shall continue to be the institution for the support and 
education of the deaf and dumb children of the state. 
{See Const. Sec. 215, sub. 5.) 

Sec. 1134. BOARD OF TRUSTEES, HOW AP- 
POINTED. — Such institution shall be under the su- 
pervision of a board of trustees consisting of five mem- 
bers, who shall be appointed by the governor by and 
with the advice and consent of the senate. At each 
biennial session of the legislative assemblv the gov- 
ernor shall nominate and, by and with the advice and 
consent of the senate, appoint for the term of four years 
trustees to fill vacancies occurring by the expiration 
of the term of office of those previously appointed, and 
the governor shall have power to fill all vacancies in the 
board which shall occur when the legislative assembly 
is not in session, and the members of such board shall 
hold their office for the term of four years commencing 
on the first Tuesday in April succeeding their appoint- 
ment, and until their successors are appointed and 
qualified, except members appointed to fill vacancies 
fhiring the recess of the legislative assemblv, which 
members shall hold only until the first Tuesday in 
April succeeding the next regular session of the legis- 
lative assembly. 

Sec. 1135. ORGANIZATION. MEETINGS.— 
Such trustees shall meet in the city of Devils Lake. 
They shall choose from among their number a presi- 
dent and secretary, who shall hold office for two years, 
and until their successors are appointed and qualified. 
Three members of the board shall constitute a quorum 
for the transaction of business. Such board shall meet 
annually in the month of April and as often thereafter 
as may be deemed necessary for the proper transaction 
of business, upon the call of the president or secretary. 

Sec. 1136. OATH. DUTIES OF OFFICERS 
OF BOARD. — Each member of the board shall before 
entering upon his duties take and subscribe the oath 
required of other civil officers, which oath shall be 
filed in the office of the secretary of state. The presi- 
dent shall preside at all meetings of the board when 
present and in his absence a president pro tempore may 
be nained to perform the duties of president. The sec- 
retary shall keep a correct record of the proceedings 



STATE OF NORTH DAKOTA 



153 



Deposit of 
funds, board 
shall direct . 



General super- 
vision. 



Indebtedness 
not to exceed 
appropriation. 



Compensation 



of the board and have charge in trust for the institu- 
tion, of all papers and records of the same. {See Ap- 
pendix D, Note 32.) 

Sec. 1137. BOARD TO DIRECT DISPOSITION 
OF MONEYS.— Tlie board shall direct the disposi- 
tion of all moneys appropriated by the legislative as- 
sembly or received from any other source for the bene- 
fit of such institution. 

Sec. 1138. DUTIES OE BOARD.— Such board 
shall have general supervision of the institution, adopt 
rules for the government thereof, employ and fix the 
salaries of all employes, provide necessaries for the in- 
stitution and perform other duties, not devolving upon 
the principal necessary to render it efficient and to 
carry out the provisions of this article. 

Sec. 1139. INDEBTEDNESS LIMITED.— The 
board shall not create any indebtedness against such 
institution exceeding the amount appropriated by the 
legislative assembly for the use thereof. 

Sec. 1140. COMPENSATION OE MEMBERS 
OF BOARD. — The members of the board shall re- 
ceive as compensation for their services three dollars 
per day for each day employed, and five cents per mile 
for each mile actually and necessarily traveled in at- 
tending meetings of the board, to be paid out of the 
state treasury upon vouchers of the board duly certified 
by the president and secretary thereof. 

Sec. 1141. FEE FOR NON-RESIDENT CHIL- 
DREN. — Deaf and dumb children, not residents of 
this state, of suitable age and capacity, shall be entitled 
to an education in such school on payment to the state 
t reasurer of the sum of one hundred and eighty dollars 
per annum, in advance, but such children shall not be 
received to the exclusion of children of this state. 

Sec. 1142. RESIDENTS ENTITLED TO EDU- 
CATION FREE. — Each deaf and dumb person, who 
is a resident of this state, of suitable age and capacity, 
shall be entitled to receive an education in such institu- 
tion at the expense of the state. 

Sec. 1143. ACCOUNTS FOR CLOTHING, 
HOW COLLECTED.— When the pupils, of such in- 
stitution are not otherwise provided or supplied with 
suitable clothing, they shall be furnished therewith by 
the principal, who shall make out an account thereof 
in each case against the parent or the guardian, if the 
pupil is a minor, and against the pupil if he has no 
parent or guardian or if he has attained the age of 



Non-resident 
pupils — fee for 



Residents to 
be educated 
free. 



Clothing —how 
furnished. 



154 



GENERAL SCHOOL LAWS 



County treas- 
urer to collect 
for same. 



majority; which account shall be certified to be cor- 
rect by the principal, and when so certified such ac- 
count shall be presumed correct in all courts. The 
principal shall thereupon transmit such account by 
mail to the county treasurer of the county from which 
the pupil so supplied shall have come ; and such treas- 
urer shall proceed at once to collect the amount by suit 
in the name of his county, if necessary, and pay the 
same into the state treasury. The principal shall at 
the same time remit a duplicate of such account to the 
state auditor, who shall credit the same to the account 
of the school and charge it to the proper county ; pro- 
vided, that if it shall appear by the affidavit of three 
disinterested citizens of the countv, not of kin to the 
pupil, that such pupil or his parents would be unrea- 
sonably oppressed by such suit, then such treasurer 
shall not commence such action, but shall credit the 
same to the state on his books and report the amount 
of such account to the board of county commissioners 
of his conuty, which board shall lew a sufficient tax 
to pay the same to the state and cause the same to be 
paid into the state treasury. 



To be paid by 

taxation— 

when 



Transporta- 
tion—when 
paid. 



County war- 
rant to pay 
same. 



Officers. 



Qualifications 
of principal 



Sec. 11-U. TRANSPORTATION OF INDI- 
GENT PERSONS, HOW PAID.— The _ board oi 
county commissioners shall order to be paid the ex- 
penses of transportation to and from such institution 
of any indigent deaf and dumb children entitled to ad- 
mission thereto, and they shall at the time of levying 
other taxes, levy a tax sufficient to reimburse the 
county therefor. In order to avoid long delays in 
transporting indigent children to and from the insti- 
tution, the principal may, upon correspondence with 
the auditor of such county, pay such transportation 
and forward to such county auditor an itemized state- 
ment of the expenses. The board of county commis- 
sioners shall order the countv treasurer to draw his 
warrants for such amount in favor of the principal of 
the institution, who shall account for such money as 
provided by law. 

Sec. 1145. FACULTY. DUTIES OF PRINCI- 
PAL. — The officers of the institution shall be a prin- 
cipal and matron. The principal shall be a capable per- 
son, skilled in the sign language and all the methods 
in use in educating the deaf, and shall have knowledge 
of the wants and requirements of the deaf in their 
proper training and instruction. The principal and 
matron must reside at the institution. The principal 



STATE OF NORTH DAKOTA 



155 



Report. 



shall receive a salary of not less than fifteen hundred 
dollars per anntam. The principal shall annually make 
to the board of trustees a written report stating in full Salary, 
the true condition of the educational, the domestic and 
the industrial departments of the institution and his 
action and proceedings therein, which report shall be 
embraced in the report of the trustees to the governor. 
He shall keep and have charge of all necessary records 
and registers of each department and have the super- 
vision of teachers, pupils and servants and perform 
such other duties as the board mav require. He may 
recommend and with the approval gf the board employ 
all assistants needed therein. He shall have special 
charge of the male pupils, out of school hours, and 
.shall furnish them with employment about the premises 
or in some trade to which they are adapted when such 
trades have been organized and established at the in- 
stitution by the trustees and provision for their main- 
tenance made bv the legislative assembly. The pro- 
ceeds and products arising from the labor and employ- 
ment of the pupils shall inure to the use and benefit 
of the institution. 



Records. 



Employment 
for pupils. 



Sec. 1146. DUTY OF MATRON.— The matron of 
the school shall have control of the internal arrange- 
ment and management of the institution and of the 
female pupils, out of school hours. She shall instruct 
the female pupils in the domestic arts or in some trade 
to which they are adapted, under the direction of the 
principal. 

Sec. 1147. BOARD TO MAKE BIENNIAL RE- 
PORTS. — The board of trustees shall on or before 
the fifteenth day of November preceding each regular 
session of the legislative assembly make a full and 
complete report to the governor, showing: 

1. A statement of the financial condition of the in- 
stitution from the date of the last report, giving in 
detail the amonut of moneys received from all sources 
and the amount expended. 

2. The value of real estate and buildings at the date 
of the last report and the cost of improvements made, 
if any, since such report. 

3. The number of pupils in attendance, their names, 
ages, residences, and cause of deafness ; also the num- 
ber that have entered the institution, and the number 
of those who have left since the last report. 

4. The number and cause of deaths, if any, which 
have occurred in the institution since the last report. 



Matron- 
duty of. 



Report of 

trustees. 



Contents of. 



156 



GENERAL SCHOOL LAWS 



5. The improvement, health and discipHne of the 
pupils. 

6. The names of the officers, teachers and servants 
employed. 

7. All other needful information touching such 
matters as m.ay be deemed of interest. 

8. Such recommendations as mav be deemed need- 
ful. 



Funds— how 
kept and dis- 
posed of. 



Majority ne- 
cessary to val- 
id contract. 



Records open 
to public. 



Payment 
made only on 
order of board. 



Services free. 



Sec. 1148. DISPOSITION OF MONEY RE- 
CEIVED. — All money that shall arise from the inter- 
est received on all moneys derived from the sale of 
lands hereinbefore or that may hereafter be appro- 
priated for the school for deaf and dum.b, including all 
money that may be received from the renting of said 
land and all moneys that may be hereafter appropriated 
for the school for the deaf and dumb, by the state of 
North Dakota, including all money raised in any other 
manner or donated- to said asylum, shall be deposited 
with the state treasurer to be kept by him in a seperate 
fund, which shall be known as the deaf and dumb asy- 
lum fund, and be used exclusively for the benefit of said 
school for the deaf and dumb as may be herein or here- 
after provided. 

Sec. 1149. BOOKS OPEN TO INSPECTION.— 
Every duty and contract to be performed by said trus- 
tees must receive the approval of the majority of the 
board in regular session duly called, in order to make 
binding and valid. All proceedings of said board shall 
be recorded in a book kept for that purpose, and open 
to the inspection of anybody on request. 

Sec. 1150. ITEMIZED VOUCHERS.— All mon- 
eys that may come into the treasury of the state of 
North Dakota, and credited to the school for the deaf 
and dumb, shall be paid out to the persons entitled there- 
to, and the state auditor is hereby directed to draw his 
warrant on the funds in the hands of the state treas- 
urer belonging to the said school for the deaf and dumb 
upon the written order of the said board of trustees, 
which order shall be accompanied by itemized vouchers 
for the full amount of such order ; provided, no such or- 
der shall be issued until there is cash in the treasury 
with which to pay the same. 

Sec. 1151. NO COMPENSATION.— The trustees 

shall receive no compensation for performing the duties 
herein prescribed. 



STATE OF NORTH DAKOTA 



157 



School for 
blind, location 
and govern- 
ment. 



Trustees- 
how and 
when appoint- 
ed . 



Article 8. — Blind Asylum. 

Sec. 1152. LOCATION AND GOVERNMENT. 
— There is hereby established and located at Bathgate 
in Pembina county, a blind asylum, which shall be 
known by the name of the North Dakota Blind Asy- 
lum. The government and management of said 
asylum is hereby vested in a board of trustees con- 
sisting of five members, which shall be st3ded the 
Board of Trustees of the North Dakota Blind Asylum. 
(See Const. Sec. 216, sub. 2.) 

Sec. 1153. TRUSTEES, HOW APPOINTED. 
LENGTH OF TERM.— The members of the board 
shall be nominated by the governor, and, by and with 
the advice and consent of the senate, shall be appointed 
on or before the third Monday of Februarv of each 
biennial session of the legislative assembly, for a period 
of four years from said date ; provided, however, that 
the first board of trustees shall be appointed by the gov- 
ernor at once upon the taking effect of this article ; pro- 
vided, further, that the terms of the first board shall 
be three members for the period of four years, and 
two members for the period of two years, the length of 
the term of the respective trustees to be designated by 
the governor in making the appointments. Such ap- 
pointments shall be made by and with the advice and 
consent of the senate, when the legislative assembly is 
in session ; otherwise, the trustees appointed shall 
qualify and hold office until their successors are ap- 
pointed and qualified. The governor shall have power 
to fill all vacancies which may occur in said board 
when the legislative assembly is not in session, and 
members of said board shall hold their office until their 
successors are appointed and qualified as provided 
herein. 



Term of office. 



Vacancies. 



Qualification 
and organiza- 
tion of board. 



Sec. 1154. ORGANIZATION OF BOARD. 
OUORLTM. — The governor shall cause to be issued to 
each of said trustees a commission, which shall be un- 
der the great seal of the state. At the first meeting 
of said board the members thereof shall take and sub- 
scribe the oath of office required of all civil officers and 
shall then proceed to elect a president, secretary and 
treasurer, but the treasurer need not be a member of Quorum, 
the board. A majority of the trustees shall constitute 
a quorum for the transaction of business. The board 
shall require a bond of its treasurer and fix the amount 
thereof. (See Appendix D — Note 32.) 



Bond of 
treasurer. 



158 



GENERAL SCHOOL LAWS 



Meetings— 
when, where, 
number. 



Compensation 

No funds to be 
disturbed until 
when. 



Sec. 1155. MEETINGS OF BOARD. COMPEN- 
SATION. — The board shall hold its meetings at Bath- 
gate and fix the time of holding the same; provided, 
there shall not be to exceed twelve regular meetings 
in each year. The members of the board shall receive 
as compensation for their services three dollars per day 
for each day employed, not to exceed twenty-four days 
in any one year, and five cents per mile for each mile 
actually and necessarily traveled in attending the meet- 
ings of the board, which sum shall be paid out of the 
state treasury on the vouchers of said board ; provided, 
that until such time as the legislative assembly shall 
make an appropriation for the construction and main- 
tenance of such asylum, or until there shall be derived 
from the interest on the proceeds of sales of or rents 
derived from the thirty thousand acres appropriated 
for this asylum, sufficient funds to construct and main- 
tain such asylum, the sum of five thousand dollars 
the trustees appointed under this article shall receive 
no compensation whatever, nor shall they issue their 
warrants upon the state treasury for any purpose 
whatever. 

Sec. 1156. PROCEEDS FROM LAND GRANT. 
— The thirtv thousand acres of land donated by con- 
gress for the purpose of such blind asylum and appro- 
priated by the constitution of this state therefor, and 
all moneys received from the interest and income 
derived from the sales of such lands or rents derived 
from the leasingof such lands, are hereby appropriated 
for the construction and maintenance of said asylum. 

Sec. 1157. BY-LAWS AND RULES OF REGU- . 
LATION. — The board shall direct the disposition of 
all moneys appropriated by the legislative assembly or 
the interest on all moneys that may be derived from 
the sale, or the rent derived from the leasing of land 
donated by congress to this state and by the consti- 
tution of the state appropriated for such asylum, and 
shall have supervision and charge of the construction 
of all buildings provided for or authorized by law 
for said asylum. Said board shall have power to enact 
by-laws and rules for the regulation of all its concerns 
not inconsistent with the laws of this state ; to see that 
its affairs are conducted in accordance with the re- 
quirements of law ; to provide employment and instruc- 
tion for the inmates ; to appoint a superintendent, a 
steward, a matron, a teacher or teachers, and such 
other officers as in its judgment the wants of the in- 
stitution may ' require, and prescribe their duties ; to 



Proceeds 
from land 
grant— how to 
be used. 



Care of funds. 



Rules and 
regulations. 



Officers and 
instructors. 



STATE OF NORTH DAKOTA 



159 



exercise a general supervision over the institucion, its 
officers and inmates, fix the salaries to be paid to the General super- 
officers and to order their removal upon good cause. 



vision. 



Reports — 
when and to 
whom made. 



Governor to 
contract with 
other states 
for education 
of blind chil- 
dren. 



At Grafton. 



Sec. 1158. REPORTS, WHEN MADE.— The 
board shall make a report to the governor on or be- 
fore the last Monday in December next preceding each 
biennial session of the legislative assembly, containing 
a financial statement showing the condition of all funds 
appropriated for the asylum ; also the money expended 
and the purpose for which the same was expended 
in detail ; also showing the condition of the institution 
generally. 

Sec. 1159. INSTRUCTION OF BLIND CHIL- 
DREN. — Until otherwise provided the governor is 
hereby authorized to contract with the state of South 
Dakota, or with the state of Minnesota, for the care 
and instruction of blind children of school age, and 
shall authorize the state auditor to issue warrants upon 
the state treasury for that purpose. 

Article 9. — Institution for Feeble Minded. 

Sec. 1160. LOCATION.— There shall be located 
and permanently maintained at or near the city of 
Grafton, in the county of Walsh, an institution for 
the feeble minded, upon the grounds conveyed by the 
United States of America to the state of North Dakota 
for that purpose, to be known and designated as "The 
Institution for Feeble Minded." 

Sec. 1161. BOARD OF TRUSTEES.— The said 
institution shall be controlled bv a board of five trus- 
tees who shall be appointed by the governor, by and 
with the advice and consent of the senate, for the term 
of four years each, and until their successors are xi-ustees — ap- 
appointed and qualified ; provided, however, that of pointment and 
the first board of trustees appointed under this act, 
three shall be appointed for the term of four years, 
and the other two for the term of two years. All 
vacancies occurring in said board shall be filled by 
appointment in like manner as aforesaid to fill the 
unexpired term. 

Sec. 1162. TERM OF OFFICE.— Such board of 
trustees shall annually elect from among their number 
a president and a secretary, who shall hold office for 
two years and until their successors are chosen and 
qualified. Three of said trustees shall constitute a 
quorum, and shall meet annuallv in the month of April 



Vacancies , 
filled. 



how 



Officers, elec- 
tion and term. 



Quorum. 



160 



GENERAL SCHOOL LAWS 



and as often thereafter as may be deemed necessary, 
for the proper transaction of business, upon the call of 
the president or secretary. 



Meetings. 



Poviiers and 
duties of trus- 
tees. 



Superintendent. 



Other officers. 



Pupils — who 
may become. 



Duty of 
friends. 



Officers of the 
board — duties 
of. 



Secretary. 



Treasurer. 



Sec. 1163. DUTIES. — Said trustees shall have the 
general management and superintendency of said insti- 
tution ; shall prescribe all rules and regulations for the 
government thereof ; and the admission of pupils there- 
to, and generally perform all acts necessary to render 
the said institution efficient for the purposes for which 
the safe is established, to-wit : For the relief and in- 
struction of the feeble minded and for the care and 
custody of epileptic and idiotic of the state, and they 
may introduce and establish such trades and manual 
industries as in their judgment will best train their 
pupils for future self-support. 

Sec. 116i. APPOINTMENT OF SUPERIN- 
TENDENT. — Such board shall appoint a superin- 
tendent of said institution, who shall be a physician 
skilled in caring for, and in instructing the class of 
unfortunates to be provided for by this act. Such 
superintendent shall name all the subordinate officers, 
and such nominations shall be confirmed or rejected 
by the board. 

' Sec. 1165. WHO ADMITTED.— All feeble mind- 
ed persons residents of this state, who, in the opinion 
of the superintendent, are of suitable age and capacity 
to receive instruction in this institution, and whose 
defects prevent them from receiving proper training 
in the public schools of the state, and all idiotic and 
epileptic persons 'residents of this state may be admitted 
to and receive the benefits of this institution free of 
charge, subject to such rules and regulations as may 
be made by the board of tru'stees ; and they shall be 
provided by their friends, relatives, or the county from 
which they come, sufficient funds to furnish them with 
proper clothing and transportation. 

Sec. 1166. DUTIES OF OFFICERS.— The presi- 
dent shall preside at all meetings of the board, when 
present, and in his absence a president pro tempore may 
be chosen to perform the duties of president. He 
shall sign all contracts on behalf of the board and all 
orders upon the treasurer. The secretary shall coun- 
tersign all contracts and orders upon the treasurer 
and shall keep a correct report- of the proceedings of 
the board, and shall have charge in trust for the insti- 
tution of all papers and record of the same. Such 
board shall appoint a treasurer who may or may not 



STATE OF NORTH DAKOTA 



161 



Clothing fur- 
nished when. 



be one of their number, as they deem best, as pre - 
vided in section 1270 of the revised codes of 1905. 

Sec. 1167. SUPERINTENDENT TO FUR- 
NISH CLOTHING.— When • the pupils of such 
institution are not otherwise provided or suppHed 
with suitable clothing, or the necessary transportation, 
they shall be furnished therewith by the superintendent, 
who shall make out an account thereof in each case 
against the county from which the pupil shall have 
come, which account shall state the name of the pupil 
for whom the same is furnished and shall be certified 
to be correct by the superintendent and when so cer- 
tified shall be presumed to be correct in all the courts. 
The superintendent shall thereupon transmit such ac- 
count by mail to the auditor of the proper county, and 
the auditor of such county shall present the same to 
the county commissioners of said county at their next 
meeting after its receipt by him, who shall thereupon 
audit and allow the same, and charge it to the general 
fund of the county, and thereupon there shall arise 
in favor of said county a right of action for the amount 
so paid as against the parent or guardian, if the pupil 
be a minor, and against the pupil if he or she has no 
parent or guardian or has attained the age of majority, 
which may be enforced by civil action at the election 
of the board of county commissioners. The superin- 
tendent shall render to the board of trustees biennially, 
or oftener if required, an itemized statement of such 
funds. 



Procedure. 



Sec. 1168. DUTIES OF COUNTY COMMIS- 
SIONERS. — The board of county commissioners shall 
order to be paid the expenses of transportation to arnd 
from such institution of any indigent feeble minded 
children entitled to admission thereto, and they shall, 
at the time of levying other taxes, levy a sufficient tax 
to reimburse the county therefor. In order to avoid 
long delay in transporting indigent children to and 
from the institution, the superintendent may, upon 
correspondence with 'the auditor of such county, pay 
such transportation and forward to such county auditor 
an itemized statement of the expenses. The board of 
county commissioners shall order the county treasurer 
to draw his warrant for such amount in favor of the 
superintendent of such institution, who shall account 
for such money as provided by law. 

Sec. 1169. DUTIES OF TRUSTEES.— The board 
of trustees shall take and hold in trust for said institu- 



County com- 
missioners — 
duties of as to 
indigent pupils. 



School Laws— 11 



162 



GENERAL SCHOOL LAWS 



tion all lands and property hereafter granted, given, 
devised or conveyed to the institution for feeble 
minded, to be applied and used at Grafton aforesaid, 
and any moneys, now or hereafter, appropriated or 
entrusted to said institution may be drawn at any time 
from the state treasury upon the order of the board of 
trustees, on the presentation of proper vouchers to the 
state auditor. 



Power of trus- 
tees over prop- 
erty. 



Reports — by 
and to whom — 
when. 



Compensation 
of trustees. 



Secretary. 



Industrial 
school— location 
and object. 



Sec. 1170. OFFICERS TO REPORT. WHEN. 
— On or before the first day of November, 1904, and 
biennially thereafter, or oftener if required, the super- 
intendent, secretary and treasurer shall render to the 
board of trustees full and complete reports, accom- 
panied by such recommendations as may seem to them 
wise and proper, and biennially, and on or before the 
first day of December, preceding the regular sessions 
of the legislature, said board of trustees shall furnish 
the governor a printed report of said institution for 
the two years ending on the preceding June 30th. Said 
report shall contain such m.atters as are of interest 
to the institution, with reports of the superintendent, 
such as is common from like institutions ; with a de- 
tailed statement of the disbursements. The state au- 
thorities shall print and deliver to the proper officers 
for the use of the legislature and state officers, five 
copies for each, and shall deliver to the officers of such 
institution the number estimated by them to be neces- 
sary for the use thereof, not to exceed five to each 
member enrolled therein. 

Sec. 1171. COMPENSATION.— Each mem- 
ber of the board shall receive as full com- 
pensation for his services as such trustee, three dol- 
lars per day for each day necessarily and actually em- 
ployed in his duties as such trustee, together with five 
cents per mile for every actual and necessary mile 
traveled in going to and returning from the place of 
meeting of said board ; provided, however, that the 
secretary and treasurer shall each receive for his service 
annually a sum not to exceed fifty dollars, as may be 
allowed by the board. 

Article 10.— Industrial School. 

Sec. 1172, NAME AND OBJECTS.— That the 
institution known as the industrial school and school 
for manual training, located at EUendale, Dickey 
county. North Dakota, be henceforth designated the 
state normal and industrial school, the object of such 
school being to provide instruction in a comprehensive 



STATE OF NORTH DAKOTA 



163 



way in wood and iron work and the various other 
branches of manual training, cooking, sewing, model- 
ing, art wOrk, and the various other branches of 
domestic economy as a co-ordinate branch of educa- 
tion, together with mathematics, drawing and the other 
necessary school studies, and to prepare teachers in the 
science of education and the art of teaching in the pub- 
lic schools, with special reference to manual training. 

Sec. 1173. ENDOWMENT.— All proceeds ac- 
cumulating in the interest and income fund arising 
from the sale or leasing of all lands granted or here- 
after to be granted by the state of North Dakota or 
by the constitution of the state of North Dakota for ia°ndgran°.™ 
the said industrial school, are hereby pledged for the 
establishment and maintenance of said industrial 
school. 

Sec. 1174. MANAGEMENT.— The management 
and government of such school shall be vested in a 
board of trustees, consisting of five members, two of 
whom shall be residents of Dickey county, to be known 
as the board of trustees of the industrial school, and 
to be appointed as provided in this section. The mem- 
bers of the board shall be nominated by the governor 
and by and with the consent of the senate, shall be 
appointed on or before the third Monday in February 

of each biennial session of the legislative assembly, 

for a period of four years from said date ; provided, appointed 
however, that the first board of trustees shall be ap- 
pointed by the governor at once upon the taking effect 
of this article, and provided, further that the term of 
the first board shall be, three members for a period of 
four years and two members for a period of two years 
the length of the term of the respective trustees to be 
designated by the governor in making the appoint- 
ments. Such appointments shall be made by and with 
the consent of the senate, when the legislative assem- 
bly is in session, otherwise the trustees appointed shall 
qualify and hold office until their successors are ap- 
pointed and qualified. The governor shall have power 
to fill all vacancies which may occur in said board when 
the legislative assembly is not in session, and the mem- 
bers of said board shall hold their office until their suc- 
cessors are appointed and qualified as provided herein. 

Sec. 1175. MEETINGS OF BOARD. COM- 
PENSATION.— The board shall hold its meetings at 
the city of Ellendale, in Dickey county, and fix the time 
for holding the same. They shall not hold to exceed 



Trustees— num- 
ber. . 



How and when 



Term of office. 



^''acancies. 



Meetings — 
wiien, where, 
number. 



164 



GENERAL SCHOOL LAWS 



Organization. 



Quorum. 



Compensation 



Oath. 



Bond. 



Plans and 
specifications 
for building. 



six regular meetings each year; provided, that the 
president of the board shall have power to call special 
meetings, whenever in his judgment it becomes neces- 
sary. At their first meeting they shall proceed to elect 
a president and a secretary, but the secretary need not 
be a member of the board of trustees, and at said meet- 
ing they shall adopt a seal for said state industrial 
school. A majority of the board shall be a quorum. 
Each trustee and the secretary shall receive three dol- 
lars per day for each day necessarily employed in at- 
tendance upon sessions of the board, and five cents 
per mile for each mile necessarily traveled, to be paid 
on presentation of proper vouchers containing an item- 
ized statement of the number of days in attendance 
and miles actually traveled as above provided, duly 
verified by his oath and approved by the president and 
secretary of the board, and the state auditor shall 
audit such claims and draw his warrants upon the state 
treasurer for the amounts so allowed. 

Sec. 1176. OATH. BOND. PLANS AND 
SPECIFICATIONS.— Before entering upon the 
duties of his office each member of said board of trus- 
tees shall take and subscribe an oath as follows : "I 
do solemnl}^ swear that I will support the constitution 
of the United States and the constitution of the state 
of North Dakota and will faithfully discharge the 
duties of board of trustees of the state industrial 
school according to the best of my ability ; that I have 
not received and will not knowingly and intentionally, 
directly or indirectly receive any money or other con- 
sideration from any source whatever for any vote or 
influence I may give or withhold or for any other 
official act I may perform as such trustee, except as 
herein provided."- He shall also execute a bond in the 
penal sum of three thousand dollars, for the use and 
benefit of the state of North Dakota, with two or more 
good and sufficient sureties to be approved by the gov- 
ernor, and be filed with the secretary of state, con- 
ditioned upon the faithful performance of his duties 
and the honest and faithful disbursement of and ac- 
counting for all moneys which may come into his 
hands under the provision of this article. The mem- 
bers of said board having taken the foregoing oath and 
executed the bond as aforesaid are hereby empowered 
and required to cause to be prepard suitable plans and 
spcifications by a competent architect. Such plans 
shall contemplate the erection of a building or build- 
ings which will accommodate not less than one hun- 



STATE OF NORTH DAKOTA 



165 



Architect to 
superintend 
construction. 



Proposals for 
building. 



dred nor more than five hundred students, and shall 
be accompanied by specifications and by a detailed 
estimate of the amount required and description of all 
material and labor required for the erection and full 
completion of the building or buildings ; and no plan 
shall be adopted that contemplates the expenditure of 
more money for its completion than the amount rea- 
sonably necessary to carry out the object of said insti- 
tution. 

Sec. 1177. SUPERINTENDENT OF CON- 
STRUCTION. PROPOSALS FOR BUILDING. 
— The said board of trustees shall employ the archi- 
tect whose plans and specifications are accepted to 
act as superintendent of construction, who shall receive 
for such plans and specifications and for superintend- 
ing construction such pay as the board by agreement 
shall determine ; which pay shall not exceed an amount 
equal to five per cent of the estimated cost of said build- 
ing. Whenever the said plans and specifications shall 
have been approved and adopted by a majority of the 
board of trustees they shall cause to be inserted in at 
least two of the daily newspapers published in the state 
of North Dakota, and having a general circulation 
therein an advertisement for sealed bids for the con- 
struction of the buildings herein authorized, and they 
shall furnish a printed copy of this article, and a copy 
of the plans and specifications to any person or per- 
sons applying therefor ; provided, said trustees may 
advertise as aforesaid whenever there shall be a suffi- 
cient amount of money to the credit of said industrial 
school with which to construct all or any part thereof 
deemed expedient by said trustees to erect or con- 
struct ; provided, further, that said building or build- 
ings shall be erected on the piece or parcel of land 
at or near the city of Ellendale, in Dickey county, 
donated by the citizens of said city, and now held in 
fee simple by the state of North Dakota. No trustees 
or officers of said industrial school shall be in any way 
interested in any contract for the erection of said build- 
ing or buildings or furnishing any material for said 
buildings, and if any such officer be so interested he 
shall be deemed guilty of a misdemeanor and on con- 
viction be fined in any sum not exceeding five thou- 
sand dollars. 



Where to be 
erected. 



Who not to be 
interested in 
contracts. 



Sec. 1178. TREASURER TO KEEP FUNDS. 
ACCOUNTS, HOW AUDITED.— All monevs that 
may accrue from the interest and income derived from 
the renting and sale of lands hereinbefore appropriated 



Penalty. 



State treas- 
urer custodian 
of funds. 



166 



GENERAL SCHOOL LAWS 



and all moneys that may hereafter be appropriated 
by the legislative assembly of North Dakota including 
all moneys raised in any other manner for said school 
shall be deposited with the state treasurer, to be by 
him kept in a separate fund, which shall be known 
as the state industrial school fund ; and such funds 
shall be used exclusively for the benefit of said school 
as may be herein or hereafter provided. The board 
of trustees of the state industrial school shall audit all 
accounts against the funds appropriated by the legis- 
lative assembly of the state of North Dakota, or held 
by the state for the use of the state industrial school, 
and the state auditor shall issue his warrant upon the 
state treasurer for the amount of all accounts which 
have been so audited and allowed by the board of 
trustees and attested by the president and secretary of 
said board. The board of trustees of the state indus- 
trial school shall direct the disposition of all moneys 
appropriated, or that may hereafter be appropriated by 
the legislative assembly of the state of North Dakota, 
or may hereafter accumulate in any manner in the state 
industrial school fund. The board shall have the 
power to receive all donations, gifts and bequests 
that may be offered or tendered to or for the benefit 
of such school, and dispose of the same. All moneys 
coming into the hands of such board shall be immedi- 
ately covered into the state treasury to the credit of 
the state industrial school fund. 



How kept. 



Audit of ac- 
counts. 



Disposition of 
funds — how 
directed. 



Gifts, dona- 
tions, etc. 



Instructional 
force. 



Faculty, 
powers. 



Reports, when 
by and to 
whom. 



Sec. 1179. FACULTY.— The board of trustees 
shall have power to employ a president and necessary 
teachers, instructors and assistants to conduct such 
school, and to prescribe their respective duties and to 
fix the salaries of such employes. They shall have 
power to remove the president, instructors and assist- 
ants and to fill all vacancies. The faculty shall consist 
of the president, teachers and instructors, and it shall 
pass all needful rules and regulations for the govern- 
ment and discipline of the school and all such rules and 
regulations as are necessary for the preservation of 
morals, decorum and health. 

Sec. 1180. REPORTS.— The faculty shall make 
an annual report to the board of trustees on or before 
the first Monday of November of each year, showing 
the condition of the school and containing such recom- 
mendations as the welfare of the institution shall 
demand. The board of trustees shall make a report 
to the governor on or before the fifteenth day of No- 
vember next preceding each biennial session of the 



STATE OF NORTH DAKOTA 



167 



legislative assembly, containing the several reports of 
the faculty herein provided for, and showing the con- 
dition of the funds apropriated for the school, the 
money expended and the purpose for which the same 
was expended in detail, and showing the number of 
students in attendance, the work accomplished by 
them, and the condition of the school in general. 



Article 13. — School of Forestry. 



School of For- 
estry. 



Object. 



Course of 



Directors. 



Appointment 
and term. 



Sec. 1231. SCHOOL OF FORESTRY. LO- 
CATED. — A state school of forestry, to be known as 
the North Dakota school of forestry, is located at Bot- 
tineau, in the county of Bottineau, state of North 
Dakota, by virtue of the vote taken thereon according 
to law. The object of the school of forestry shall be 
to furnish the instruction and training contemplated in study! 
an agricultural high school, emphasizing those subjects 
that have a direct bearing on forestry and horticulture. 
{See Const. Sec. 216, Sub. 4-) Location. 

Sec. 1232. MANAGEMENT.— The said school 
shall be under the direction of a board of directors, 
and shall be governed and supported as hereinafter 
provided. The board of directors shall consist of 
three members, to be appointed by the governor with 
the consent and advice of the senate, two of whom shall 
be appointed for the term of two years and one for a 
term of four years. Thereafter and at each biennial 
session of the legislative assembly, and on or before 
the third Monday in February during each session, 
there shall be nominated by the governor, and by and 
with the advice and consent of the senate, appointed 
for the term of four years, comm^encing on the first 
Tuesday in April following such appointment, di- 
rectors 'to fill vacancies occurring by the expiration 
of the term of office of those previously appointed. 
The governor shall have power to fill all vacancies in 
said board which may occur when the legislative as- 
sembly is not in session, and the members of said board Vacancies 
shall hold office until their successors are appointed 
and qualified as provided by this article ; provided, fur- 
ther, that in all cases where the governor has made an 
appointment to fill a vacancy when the legislative as- 
sembly is not in session the term of office of the 
director or directors so appointed shall expire on the 
first Tuesday in April following the next session of 
the legislative assembly. 



168 



GENERAL SCHOOL LAWS 



Sec. 1233. COMMISSION. OATH. ORGAN- 
IZATION. — The governor shall cause to be issued 
to each of said directors a commission which shall 
be under the seal of the state. At the first meeting 
of said board the members thereof shall take and sub- 
scribe the oath of office required of all civil officers 
of the state, and shall then proceed to elect a presi- 
dent, secretary and treasurer, but the treasurer shall 
not be a member of said board of directors. A ma- 
jority of said board shall be a quorum for the trans- 
action of business. The board shall require a bond of 
its treasurer, and fix the amount thereof. {See Ap- 
pendix D.—Note 32.) 

Sec. 1234. A/IEETINGS. COMPENSATION. 
■ — The board of directors shall hold its meetings at 
Bottineau and fix the time of holding the same; pro- 
vided, there shall not exceed three regular meetings 
in each year. The members shall receive as compen- 
sation for their services three dollars per day for each 
day employed, and all traveling expenses necessarily 
incurred therein, which sum shall be paid out of the 
state treasury upon vouchers of said board duly certi- 
fied by the president and secretary thereof, which sum 
is hereby appropriated therefor. The president of said 
board shall have power to call special meetings when- 
ever in his judgment it becomes necessary. 

Sec. 1235. ACCOUNTS, HOW AUDITED.— 
The board shall audit all accounts against the funds 
appropriated by the legislative assembly of the state 
of North Dakota, or held by the state for the use of 
the school of forestry, and the state auditor shall issue 
his warrants upon the state treasurer for the amount 
of all accounts which shall have been so audited and 
allowed by the board of directors and attested by the 
president and secretary of the same. 

Sec. 1236. REPORT.— The board of directors 
shall make a report to the governor on or before the 
first Monday in December next preceding each biennial 
session of the legislative assembly, to be published in 
the biennial report of the superintendent of public 
instruction, in addition to the other publication as pro- 
vided bv law. 



Oath. 



Orfjanization. 



Quorum. 



Meetings — 
when , where , 
number. 



Compensation 



Special meet- 
ings. 



Audit of ac- 
counts. 



Report of 
directors. 



Reform school 
—continuation 
and use. 



STATE REEORM SCHOOL. 

Sec. 10325. STATE REFORM SCHOOL AT 
MANDAN. CONTINUATION AND USE.— The 
state reform school located at Mandan, in the county 
of Morton, shall continue to be the general reform and 



STATE OF NORTH DAKOTA 



169 



Of whom com- 
posed — officei'S 
must act per- 
sonally. 



industrial school of .the state for the detention, instruc- 
tion and reformation of such j uvenile offenders against 
the laws and good order thereof, of both sexes under 
the age of eighteen 3'ears, as may be committed to it 
according to law for detention, instruction and disci- 
pline therein. 

Article 1. — Board of University and School 
Lands. 

Sec. 152. BOARD, HOW CONSTITUTED.— 
The governor, secretary of state, state auditor, attor- 
ney general and superintendent of public instruction 
shall constitute the board of university and school 
lands. The governor shall be president ; the secretary 
of state, vice president, and the superintendent of pub- 
lic instruction secretary thereof. In the absence O'f 
the superintendent of public instruction at any meet- 
ing of the board, the deputy superintendent of public 
instruction shall act as secretary, but shall not be enti- 
tled to a vote. Such board, when acting as such, must 
act personally ; no member can be represented on such 
board b)^ any assistant or clerk. 

Sec. 153. BOARD, POWERS OF.— Subject to 
the provisions of article 9 of the constitution and the 
provisions of this article, such board shall have the 
full control of the selecting, appraisement, rental, sale, 
disposal and management of all school and public 
lands of the state, including the real property donated 
to the territory of Dakota under the provisions of 
chapter 104 of the laws of 1883, except such as has 
been sold, and the investment of the permanent funds 
derived from the sale thereof, or from any other 
source, and shall have power to appoint a competent 
person to act as the general agent of the board in the 
performance of all its duties pertaining to the selection, 
sale, leasing or contracting in any manner allowed by 
law, and the general control and management of all 
matters relating to the care and disposition of the 
public lands of the state, all of whose official acts 
shall be subject to the approval and supervision of the 
board. The title of such agent shall be commissioner 
of university and school lands, and before entering 
upon his duties as such he shall take the oath pre- 
scribed for civil officers and give a bond in the penal 
sum of ten thousand dollars, with not less than two 
sureties, to be approved by the board, and recorded in 
the office of the secretary of state and filed, when re- 
corded, in the office of the state treasurer. 



full 



Shall have 
control of 
school and 
public lands 



Appoint agent. 



Title and qual- 
ifications of 
agent. 



170 



GENERAL SCHOOL LAWS 



Sec. 154. MEETINGS OF BOARD.— Such board 
shall meet at the office of the commissioner on the 
last Thursday of each month, at ten o'clock in the 
forenoon. Special meetings of the board may be held 
at any time at the written call of the president or any 
two members of the board. Any three members of 
the board shall constitute a quorum. 



Meetings and 
quorum. 



Board invests 
funds. 



Compensation 
of board. 



Sec. 155. BOARD INVESTS FUNDS. COM- 
PENSATION OF BOARD. CONDITIONS OF 
LOANS. — Said board shall have power, and it is made 
its duty from time to time to invest any money belong- 
ing to the permanent funds of the common schools, 
university, school of mines, reform school, agricultural 
college and the school for the deaf and dumb, normal 
schools and all other permanent funds derived from 
the sale of public lands or from any other source, in 
bonds of school corporations or counties or townships 
within the state, bonds of the United States, bonds of 
the state of North Dakota, municipal bonds, or first 
mortgages on farm lands in the state, not exceeding in 
amount one-third the actual value of any subdivision 
on which the same may be" loaned, said value to be de- 
termined by the board of appraisal of school lands ; 
provided, that for said services as such board of ap- 
praisal, the county auditor and county superintendent 
of schools shall receive only their necessary traveling 
expenses, but that the chairman of the board of county 
commissioners shall be entitled to the same mileage and 
per diem as when serving on the board of county com- 
missioners. The first mortgages on farm lands in this 
state shall be made only in the manner following, to- 
wit : 



Condition 
of loans. 



1. The first mortgages on farm lands and each of 
them, shall run for a period of time not to exceed 
twelve years, and the funds so invested shall bear in- 
terest at the rate of five per cent per annum, payable 
annually to the county treasurer of the county in which 
such lands lie," as provided in section 193 of the revised 
codes of 1905. For the first five years payments sliall 
consist only of interest, paid annually, and commencing 
with the sixth year the interest shall be paid annually 
as above stated and the borrower shall have his option 
of paying ten per cent or any multiple thereof of the 
principal at any interest bearing date, and the interest 
when paid shall be covered into and become a part of 
the interest and income fund. 



STATE OF NORTH DAKOTA 



171 



2. First mortgage loans shall only be made upon 
cultivated lands within the state, and to persons who 
are actual residents thereof, and in no case on lands 
of which the appraised value is less than seven dollars 
and fifty cents per acre, and in sums not more than 
five thousand dollars to any person, firm or corporation. 

3. Any or all of said mortgages may be satisfied 
at any time after three years from the date when made 
on payment of the whole amount due thereon ; pro- 
vided, if the loan is sought to be paid off in full pre- 
vious to the time specified for payment in the contract, 
then the party so paying said loan shall pay in addition 
to the interest then due on such loan the interest on 
the same for six months in advance of date of such 
payment on the whole amount remaining due in such 
payment. All proceedings in regard to invest- 
ments in first mortgages as provided in this chapter 
shall conform to and be governed by the laws of the 
state of North Dakota in such case made and provided. 
Said board of university and school lands shall not 
purchase or approve the purchase of any bonds or 
mortgages except at a legal session thereof, nor unless 
every member of the board is notified by the secretary 
of said board in time to be present at such meeting, 
and notified also that the question of purchasing or 
acting on a proposition for the purchase of certain 
bonds or mortgages is to be considered at the meeting, 
nor unless a majority of all the members vote in favor 
of such purchase, and the vote on the purchase of 
every bond and mortgage shall be taken by the yeas 
and nays and shall be duly recorded in the books of 
the board 

Sec. 156. RECORDS TO BE KEPT BY 
SECRETARY. — The secretary shall enter in a 
suitable book kept for that purpose a full and 
correct record of all the proceedings of said board at 
each session thereof, which record when approved shall 
be signed by the president or presiding officer of the 
meeting and the secretary. 



Records. 



Sec. 157. TREASURER CUSTODIAN OF 
FUNDS. — All moneys belonging to the permanent 
funds of the common school and other public institu- 
tions derived from the sale of any of the public lands 
or from any other source shall be paid to and held by 
the state treasurer and be subject to the order of such 
board, and shall be paid over to order of the board 
for investment as provided in section 155 of this 



Funds to be 
held by state 
treasurer. 



172 



GENERAL SCHOOL LAWS 



Also be custo- 
dian of securi- 
ties. 



Treasurer to 
collect moneys 
due. 



Past due ac- 
counts attor- 
ney general to 
collect — when. 



Foreclosures. 



Assignments. 



Permanent 
funds — how 
invested. 



article, whenever the board requires the same for such 
investment. . The state treasurer shall also be the cus- 
todian of all bonds, notes, mortgages and evidences 
of debt arising out of the management of the per- 
manent funds derived from the sale of any of the 
public lands of the state or from any other source. 

Sec. 158. INVESTMENTS. HOW UNPAID 
MONEYS TO BE COLLECTED.— It shall be 
the duty of the state treasurer, from time to 
time as the same become due, to collect all moneys 
due and owing on any and all of the securities held 
by him for investment or for permanent funds, and 
from time to time, whenever required by the board, 
to make report of the amount of such collections to the 
board, and a duplicate of the same to the state auditor. 
If .any such moneys shall remain unpaid for thirty days 
after the same shall become due and payable, he shall 
make report dn detail of all such unpaid amounts to the 
board who shall place the matter in the hands of the 
attorney general for collection whenever they shall 
deem it for the best interests of the state so to do, 
whose duty it shall be to proceed to collect the same 
by civil action, to be brought and prosecuted in the 
name of the state. 

Sec. 159. FORECLOSURE. ASSIGNMENTS. 
— Mortgage loans made under the provisions of this 
chapter may be foreclosed either by action or adver- 
tisement, in the same manner and upon the same notice 
as required in other real estate foreclosures. When 
foreclosure is made by action said action shall be 
brought and prosecuted in the name of the state ; pro- 
vided, further, that the board of university and school 
lands may, and it is hereby authorized and empowered 
to assign any or all of said mortgages, whenever in 
the judgment of said board it will be for the best 
interests of the state so to do ; provided, however, that 
said board shall not accept as a consideration for said 
assignment any amount less than the principal and 
interest due upon said mortgage or mortgages. Such 
assignments when made shall be executed by. the 
governor and attested by the secretary of state with 
the great seal of the state of North Dakota attached. 

Sec. 160. MANNER OF INVESTING PER- 
MANENT FUNDS. — In the investment of perma- 
nent funds under its control such board shall authorize 
the state auditor to draw his warrant on the state 
treasurer, payable out of the proper fund, for the 



STATE OF NORTH DAKOTA 



173 



purchase of the bonds or mortgages, which warrant 
previous to dehvery, shall be registered by the state 
treasurer in a book provided for that purpose. 

Sec. 161. INCIDENTAL EXPENSES OF 
BOARD, HOW PAID.— The necessary incidental 
expenses of the board shall be paid out of the state 
treasury, and upon satisfactory vouchers therefor the 
state auditor shall issue his warrant for the same. 

Sec. l'Q2. APPROPRIATION FOR INTEREST. 
— There is hereby annually appropriated such sums as 
shall be found necessary for the expenses of purchase, 
and payment of accrued interest at the time of the 
purchase, o-f investment bonds or mortgages for the 
permanent funds under the control of said board, pay- 
able from the respective fund for which said purchase 
is made. 

Sec. 163. TERM OF OFFICE OF COMMIS- 
SIONER. — The first term of ofifice o'f the commis- 
sioner provided for in this article shall be for three 
years from the date of his appointment and until his 
successor is appointed and qualified, and after the expi- 
ration of the first term, all succeeding terms shall be 
two years, and until his successor is appointed and 
qualified, subject to removal by the board. In case of 
vacancy by death, removal, resignation or any other 
cause, the board shall fill the same by appointment. 

Sec. 164. SALARY OF COMAilSSIONER.— 
The commissioner shall receive an annual salary of 
one thousand eight hundred dollars. 

Sec. 165. DEPUTY COMMISSIONER.— By and 
with the consent of the board, the commissioner may 
appoint a chief clerk, who before entering upon any 
of the duties devolving upon him by said appointment 
shall take and subscribe the oath of office required by 
law and shall execute to the state a bond with one or 
more sureties in the penal sum of five thousand dol- 
lars conditioned for the faithful discharge of his duties. 

Article 3. — Land Commissioner. 

Sec. 166. DUTIES. — The commissioner, under 
such directions as may be given by the board of uni- 
versity and school lands, shall have general charge 
and supervision of all lands belonging to the state, of 
all lands in which the state has an interest or which 
are held in trust by the state. He shall have the cus- 
tody of all maps, books and papers relating to any of 
the public lands mentioned in this article. He shall 



Incidental ex- 
penses — pay- 
ment of. 



Interest — ap- 
propriation for. 



Commisioner 
— term of office 



Vacancy. 



Compensation. 



Deputy. 



Powers and 
duties of com- 
missioner. 



174 



GENERAL SCHOOL LAWS 



Records. 



Seal. 



procure the proper books, maps and plats in which to 
keep a complete record of all lands owned or held in 
trust by the state for schools, public buildings and for 
all other purposes, and shall keep true record of all 
the sales, leases, permits, patents, deeds and other con- 
veyances of such lands made by the state, amount of 
money paid, date of sale and payment, description of 
land sold or leased, number of acres thereof, name of 
purchaser and designation of the fund that should 
be credited therewith. He shall direct dl appraise- 
ments, sales, leases ; shall execute all contracts of sale, 
leases, permits or other evidences of disposal of the 
lands, subject to approval by the board. Upon all con- 
tracts, leases or permits issued by the com.missioner 
he shall certify the book and page where the same is 
recorded. He shall have an official seal with a proper 
device thereon ; and the seal of the commissioner 
affixed to any contract of purchase, receipt or other 
instruments issued by him, duly countersigned by him 
as approved by the board, according to the provisions 
of this article, is prima facie evidence of the due exe- 
cution of such contract or other paper. He shall bien- 
ially report to the legislative assembly through the 
board his work during the preceding term, showing 
the quantity of lands sold or leased, and the amount 
received therefor, the amount of interest moneys re- 
ceived to the credit of the several funds, expense of 
administration of his department, and all such other 
matters relating to his office as shall be necessary. It 
shall also be the duty of the land commissioner to 
receive and present to the board of university and' 
school lands all offers for sale of bonds. He shall 
also prepare all bonds in connection with the invest- 
ment of the permanent school fund. He shall keep 
such books as may be necessary to register and de- 
scribe all bonds and mortgages purchased or taken 
by the board of university and school lands for the 
benefit of any of the permanent funds under its con- 
trol. Such books shall be ruled so as to permit the 
registry of the name and residence of the person offer- 
ing to sell any such bonds or mortgages, the district 
'for which such offer is made, a description of the 
property covered by the mortgage, and a full and 
detailed description of every bond, whether United 
States, state or school district, and the date, number, 
series, amount and rate of interest of each bond and 
when the interest and principal respectively, are pay- 
able ; and such record shall be made of every such 



Report. 



Bond records. 



STATE OF NORTH DAKOTA 



175 



bond and mortgage before the board shall act upon 
the question of purchasing the same. He shall also 
keep in suitable books a record showing a detailed 
quarterly statement of the condition of all the perma- 
nent funds under control of said board, the amount of 
each fund, how invested, when due, interest paid and 
any other act in any manner connected with the man- 
agement of said funds, and shall biennially report all 
such investments to the governor to be laid before the 
legislative assembly. All such records and record 
books shall at all times be open for inspection by the 
public. 



Quarterly- 
statement of 
funds. 



Records pub- 
lic. 



Article 3. — Appraisement and Sale of School 
Lands. 



Sec. 167. COUNTY BOARD OF APPRAISAL, 
DUTIES OF. — The county superintendent of schools, 
the chairman of the board of county commissioners 
and the county auditor of each county shall constitute 
the "County Board of Appraisers" of the public lands 
of the state in and for their county. The county 
board of appraisal in each county shall upon the re- 
quest of the board of university and school lands, 
designate on or before such date as it may specify, the 
public lands of the state in their county, that in its 
judgment can be sold for ten dollars an acre or up- 
wards on the terms prescribed in this article, desig- 
nating the tracts separately and giving an approxi- 
mate estimate of their selling value. Thereupon the 
commissioner shall, if so ordered by the board of uni- 
versity and school lands, prepare a list and order an 
appraisal of such lands as shall be designated in such 
list, and it is made the duty of such board of apprais- 
ers within ten days after the receipt of such list to 
examine such lands and appraise them at their cash 
value, as nearly as can be determined, describing each 
tract or subdivision in parcels not greater than one 
hundred and sixty acres, more or less, according to 
the government survey, and in smaller subdivisions 
thereof if so listed by the commissioners, and set oppo- 
site each described tract or parcel of land the appraised 
value per acre thereof ; and when such appraisal is 
completed, which shall not be later than thirty days 
after the receipt of the order directing it, the county 
board of appraisers, or the members of the same who 
made such appraisement, shall certify to its correct- 
ness, and make duplicate copies thereof, one of which 



County board 
of appraisers. 



Duty. 



Appraisal of 
lands. 



176 



GENERAL SCHOOL LAWS 



shall be forwarded immediately to the board of uni- 
versity and school lands, and the other filed in the 
office of the county auditor for reference. And in 
addition to the appraisal of such lands the county 
board of appraisal shall furnish such other informa- 
tion regarding the lands as may be required by the 
commissioner in the manner and form prescribed by 
him. The report of such appraisal shall be verified 
by each of such appraisers, and shall disclose any in- 
terest, real or contingent, that any of such appraisers 
has in any of the lands or improvements so appraised. 
Any appraiser who wilfully makes any false statement 
in such report, relative to such interest in any of the 
lands so appraised or improvements thereon, shall 
be deemed guilty of a misdem.eanor. For all services 
performed under the requirements of this article the 
appraisrs shall be paid at the rate of three dollars per 
day and actual traveling expenses, upon vouchers ap- 
proved by the secretary of the .board of university and 
school lands to be paid by the state treasurer upon 
warrants issued by the state auditor. 



Compensation. 



Selection and 
sale of lands. 



Published, 
notice of sale. 



Sec. 168. SELECTING AND CERTIFYING 
LANDS FOR SALE. — The commissioner shall from 
the list of lands so appraised and reported by the 
county board of appraisers select all such tracts as 
have been appraised at ten dollars per acre and up- 
wards and upon approval of such selections by the 
board of university and school lands shall make and 
certify to the county auditors the list of lands in their 
respective counties that are offered for sale, and when 
transmitting such list shall designate the day and hour 
for the sale thereof ; provided, that such sales shall 
take place only between the hours of ten o'clock A. M. 
and five o'clock P. M. and to be continued from day 
to day until all the lands advertised for sale shall have 
been sold or offered for sale except that adjournments 
may be made for any intervening Sunday or legal 
holiday. 

Sec. 169. NOTICE OF SALE TO BE 
PUBLISHED. — The board of university and 
school lands shall cause to be published in a newspaper 
of general circulation in the vicinity of the lands to be 
offered for sale as prescribed by section 158 of the 
constitution, a notice of such sale with the list of lands 
properly described that are to be offered for sale, to- 
gether with the appraised value thereof and the terms 
and conditions of sale, and also publish notices of all 



STATE OF NORTH DAKOTA 



177 



Sale — how 
conducted. 



Must sell for 
appraised value 
— or more. 



sales for the same length of time in one newspaper 
published at the seat of government. 

Sec. 170. MANNER OF SALE.— On the day and 
hour appointed for such sale the commissioner, except 
as hereinafter provided, shall proceed to sell or offer 
for sale at public auction to the highest bidder, at the 
court house or at the place where the terms of the 
district court are held, of the county where the lands 
are situated, the lands so advertised; offering them 
for sale and selling in the order in which they occur 
in the advertisement for sale. Such lands as have 
not been specially subdivided shall be offered in tracts 
of one-quarter section, according to the subdivisions 
thereof by the United States survey, and those so sub- 
divided in the smallest divisions thereof. No tract 
shall be sold for less than its appraised value, and in 
no case for less than ten dollars an acre. Whenever 
the commissioner cannot attend the sale in person such 
sale may be made by the deputy land commissioner or 
any other person designated and authorized by the 
board of university and school lands. 

Sec. 171. TERMS OF SALE.— Each tract of land 
shall be sold upon the following terms : The pur- 
chaser shall" pay one-fifth of the price in cash at the 
time of sale, and the remaining four-fifths as follows : 
One-fifth in five years, one-fifth in ten years, one-fifth 
in fifteen years and one-fifth in twenty years, with m~ 
terest at six per cent per annum on all the unpaid prin- 
cipal annually in advance. The highest bidder for any 
offered tract shall be declared the purchaser thereof, 
and shall immediately pay over to the county treasurer 
the amount of one-fifth of the purchase price as speci- 
fied in the terms of sale. In case the purchaser fails 
to pay the amount so required to be paid at the time 
of such sale, such commissioner or whoever may be 
conducting the sale, shall immediately reoffer such 
lands for sale, but no bids shall be received from the 
person so failing to pay as aforesaid ; and the person 
refusing or neglecting to make such payment shall for- 
feit the sum of one hundred dollars for each tract so 
purchased by him. 

Sec. 172. ADJOURNMENT OF SALE.- No ad- 
journment of the sale can be made after its opening, 
except as provided in section 168 of this article, bur, 
when the interest of the state will be subserved there- 
by, the board of university and school lands may, at 
any time not less than two weeks preceding the date 
fixed for opening such sale, making an order post- 



Sale — terms of. 



Re-sale — 
when. 



Forfeit for re- 
fusing to take. 



Sale — ad- 
journment of. 



School Laws — 12 



178 



GENERAL SCHOOL LAWS 



poning the same to such date as may be fixed in such 
order, which shall not be more than sixty days, giving 
due notice of the same to the county auditor, who shall 
publish such notice of adjournment and the day fixed 
for the same, for two successive weeks in the same 
papers in which the notice of sale is published ; but the 
adjournment of any sale shall not require continued 
publication of the list of lands beyond the time speci- 
fied in this article for such publication. 

Sec. 173. WITHDRAWAL OF LANDS FROM 
SALE. — The board of university and school lands 
may, in its discretion, on or before the day of sale, 
withdraw any or all lands that may have been adver- 
tised for sale or included in any list to be offered in 
any county, and upon such withdrawal shall notify 
the auditor of such county, specifying the lands in- 
cluded in such notice of withdrawal, who shall there- 
upon strike such lands from the lists in his office, and 
public notice of withdrawal shall be given at the day 
of sale before any such lands are offered. 



Lands with- 
drawn when. 



County audi- 
tor clerk of 
sale. 



Approval of 
sale. 



Compensation 
for clerk 



Purchaser — 
notice to. 



Sec. 174. COUNTY AUDITOR TO ACT AS 
CLERK AT SALE. APPROVAL OF SALE.— The 
county auditor shall act as clerk of all land sales and 
leases made in his county, and it shall be his duty 
within five days after such sale or lease shall have been 
concluded to certify to the board of university and 
school lands a list of lands sold or leased as provided 
in this article, with the price thereof, and the name 
of the purchaser or lessee of such tract, the amount for 
which the lands are sold or leased, the amount of 
money paid by such purchaser, arjd the amount of prin- 
cipal remaining unpaid, and the board of university 
and school lands shall approve and confirm the sale or 
lease of every such tract, as upon examination of such 
certified lists and such further information and investi- 
gation as shall be deemed necessary, shall be found 
to have been sold or leased in accordance with the law 
and without fraud or collusion. For the services im- 
posed by this article the county auditor shall be allowed 
the sum of three dollars per day for each and every 
day so engaged, to be paid out of any appropriation 
for the expenses of appraisal and sale of public lands. 

Sec. 175. NOTICE TO PURCHASER. EXE- 
CUTION OF CONTRACT.— Immediately upon ap- 
proval of the sales by the board of university and 
school lands, the secretary of such board shall prepare 
and certify a list of said approved sales to the commis- 



STATE OF NORTH DAKOTA 



179 



Execution 
contracts. 



of 



sioner, who shall without delay execute duplicate con- 
tracts in the form prescribed by the board, and forward 
the same to the county auditor of the county where 
the land was sold, whereupon it is made the duty of 
the county auditor to notify each purchaser in writing 
of the approval of the sale to him, and to appear within 
ten days after the date of such notice and pay the 
county treasurer the amount of interest on the de- 
ferred payments as specified in the contract and exe- 
cute the contracts of sale, and a failure so to appear 
and execute such contract shall act as a forfeiture of 
the paym.ent made by the purchaser at the sale. When 
the contracts are properly executed by the purchaser 
and the amount of money due thereon shall have been 
paid to the county treasurer, the copy marked dupli- 
cate shall be delivered to him and the original re- 
curned to the land commissioner, and each contract so 
returned fully executed shall have on its face in the 
place noted for such purpose the notation of the date 
of delivery to the purchaser, and all contracts not exe- 
cuted by the purchaser shall be returned to the land 
commissioner with a written statement thereon of the 
reason for such return. 



Sec. 176. SALES, WHEN VOID.— Any sale made 
by mistake, or not in accordance with law, or obtained 
by fraud, shall be void, and the contract of purchase 
issued thereon shall be of no effect; but the holder 
of such contract shall be required to surrender the 
same to the board of university and school lands, who 
shall, except in case of fraud on the part of the pur- 
chaser, cause the money to be refunded to the holder 
thereof. 

Sec. 177. SURVEYS TO BE MADE WHEN 
NECESSARY. — Whenever it appears to the board of 
universit}^ and school lands necessary in order to ascer- 
tain the true boundaries of any tracts or portions of 
lands, or to enable the commissioner to describe or dis- 
pose of the same in suitable and convenient lots, it may 
order all such necessary surveys to be made and the 
expenses shall be paid out of the state treasury as other 
incidental expenses of the board of university and 
school lands are paid. 

Sec. 178. SUBDIVIDING LAND INTO SMALL 
TRACTS OR LOTS, WHEN TO BE MADE.— 
Whenever in the opinion of the board of university and 
school lands the Interests of the state will be promoted 
by laying off any portion of the land under its control 
Into small parcels or city, town or village lots, the 



Sales void — 
when. 



Surveys — 
when made. 



Subdivision 
land — when. 



of 



180 



GENERAL SCHOOL LAWS 



board may order such commissioner to cause the same 
to be done, and have the same appraised in the same 
manner as hereinbefore prescribed. 

Sec. 179. SALE OF LOTS. NEW APPRAISAL. 
— All parcels or lots so appraised shall be subject to 
sale in the same manner and upon the same terms and 
conditions and the contract of purchase shall have the 
same effect, as in the case of other lands for which 
provision is made in this article, and at the prices at 
which the same are severally appraised, until a new 
appraisal is made, which the board of university and 
school lands may in its discretion order at any time, in 
the manner aforesaid, and with the like effect but no 
lots or parcels so appraised shall be sold for less than 
the minimum price of said land, established in this 
article. 



Re-appraisal 

of subdivisions. 



Plat record. 



Rights of pur- 
chaser under 
contracts. 



Assignment of 
contracts. 



Surrender and 
division of con- 
tracts. 



Sec. 180. MAP TO BE ENTERED OF REC- 
ORD. — Whenever the commissioner shall lay off any 
tract of land into small parcels or lots, as provided in 
this article, he shall cause a correct map of the same 
to be entered of record in the county where said lands 
are situated. 

Sec. 181. CONTRACTS OF PURCHASE. 
RIGHTS UNDER. — Contracts of purchase, issued 
pursuant to the provisions of law, entitle the purchaser 
his heirs or assigns, to the possession of the lands 
therein described, to maintain actions for injuries done 
to the same, or any action or proceeding- to recover 
possession thereof, unless such contract has become 
void by forfeiture ; and all contracts of purchase in 
force may be recorded in the same manner that deeds 
of conveyance are authorized to be recorded. 

Sec. 182. ASSIGNEE OF PURCHASERS.— 
Each assignee of a bona fide purchaser of any of the 
lands mentioned in this article is subject to and gov- 
erned by the provisions of law applicable to the pur- 
chaser of whom he is assignee ; and he shall have the 
same rights in all respects as an original purchaser of 
the same class of lands. 

Sec. 183. CONTRACTS MAY BE SURREN- 
DERED AND TWO OR MORE ISSUED, WHEN. 
— Whenever the holder of anv contract of purchase 
of any state or school land shall surrender the same 
to the commissioner with a request to have the same 
divided into two or more contracts, it shall be lawful 
for the commissioner to issue the same ; provided, that 
the proposed subdivision shall be only in the smallest 



STATE OF NORTH DAKOTA 



181 



Appi-Qval and 
fees. 



of the regular government or state subdivisions ; and, 
provided, that no new contracts shall issue while there 
is due and unpaid any interest, principal or taxes on 
the principal contract of sale, nor in any case where the 
commissioner shall be of the opinion after an examina- 
tion of the lands, if necessary, that the security would 
be impaired and endangered by the proposed division, 
nor until such proposed change shall have the approval 
of the board of university and school lands, and for 
all such new certificates a fee of five dollars for each 
certificate so issued shall be paid by the applicant, 
which fee shall be paid into the state treasury and be- 
come a part of the expense fund of the board of 
university and school lands. 

Sec. 184. CONTRACT VOIDABLE ON FAIL- 
URE TO PAY PRINCIPAL OR INTEREST.— 
In case the annual interest due on the first day of 
January in any year shall not be paid within thirty days 
thereafter by the purchaser or by any person claiming 
under him, the contract shall, from the time of such 
failure, be voidable. In case any installment on the 
purchase price shall not be paid within thirty days after 
the same becomes due by the provisions of contract of 
sale, the contract, from the time of such failure shall 
be voidable. And in all cases where any contract be- 
comes voidable by reason of failure to make the pay- 
ments required by the contract and the terms of this 
section, the boarcl of university and school lands may 
in their discretion declare such contracts of sale void ; 
and in case of such declaration, shall notify the holder 
thereof of such declaration, by written notice mailed 
to his postoffice address and send a duplicate copy 
thereof to the auditor of the county in which such land 
is situated, and order the commissioner to take pos- 
session of the land described in such contract. 



Contract may 
be voided on 
failure to pay 
principal or 
interest. 



Discretion of 
board. 



Sec. 185. REDEMPTION BEFORE RESALE. 
— In all cases where the rights of a purchaser, his heirs 
or assigns, become forfeited under the provisions of 
this article, by failing to pay the amounts required, 
such purchaser, his heirs or assigns, may,' before the 
resale at public auction of the lands described in such 
contract, pay to the state treasury the amount of inter- 
est due and payable on such contract, and all costs 
which have been incurred in addition thereto, together 
with interest at the rate of twelve per cent per annum 
on the interest and costs so due from the date of de- 
linquency to the date of payment, and such payment 
shall operate as a redemption of the rights of such 



Right of re- 
demption 
where contract 
is voided. 



182 



STATE OF NORTH DAKOTA 



purchaser, his heirs or assigns, and such contract from 
the time of such payment shall be in full force and 
effect, as if no forfeiture had occurred ; provided, that 
after the rights of a purchaser, his heirs or assigns, 
shall have become forfeited under the provisions of 
this article, the board of university and school lands 
shall have the power, and it is hereby made their duty, 
to provide for the resale of said land so forfeited if 
in their opinion a resale of said land shall be most 
advantageous to the state, otherwise the said board 
shall provide for the leasing of said land from year to 
year as herein provided, and after a lease of said land 
shall be made by said board, the lessee, his heirs and 
assigns, shall be entitled to the full and absolute pos- 
session of all said lands and premises so leased. 



No fee passes 
until patent 



-when. 



Sec. 186. FEE IN STATE UNTIL CONTRACT 
FULFILLED. — The fee of each parcel of such lands 
shall be and remain in the state until the patents 
hereinafter provided for are issued for the same re- 
spectively, and no patent shall issue until full payment 
of all sums and full compliance with all the conditions 
of the contract of purchase, and in case of noncom- 
pliance by the purchaser, his heirs or assigns, with 
the terms of the contract as aforesaid, or with the pro- 
visions of law applicable thereto, any and all persons 
being or continuing in possession of any such lands 
after a failure to comply with the terms of the con- 
Patent to issue tract as aforcsaid, or with such provisions of law, as 
aforesaid, without a written permission of the commis- 
sioner, shall be deemed and held to detain such land 
forcibly and without right, and to be trespassers 
thereon. 

Sec. 187. RECOVERY OF POSSESSION.— In 
case any person holds or continues in possession of any 
of the land mentioned in this article, contrary to the 
conditions or covenants of any lease or written agree- 
ment, he shall be liable to an action of forcible detainer, 
or any other proper action for the recovery of posses- 
sion of such lands and damages for detention of the 
same. 

Sec. 188. RECONVEYANCE TO THE UNITED 
STATES. — In all cases where lands have been erro- 
neously or improperly certified or conveyed to the state 
of North Dakota for school or other purposes by the 
United States, the governor of the state is authorized 
to reconvey or relinquish by the execution, under his 
hand and seal of the state, of such conveyances as will 



Action to re- 
cover posses- 
sion. 



Governor to 
reconvey to 
United States 
— when. 



STATE OF NORTH DAKOTA 



183 



Patents. 



be necessary to convey or relinquish the title which 
the state may have to such lands. 

Sec. 189. PATENTS, WHEN TO ISSUE.— 
When any land sold under the provisions of this article 
has been fully paid for, and all terms of the contract 
of purchase fully complied with, the board of univer- 
sity and school lands shall so certify to the governor, 
who shall thereupon issue to the purchaser thereof, his 
heirs or assigns, a patent conveying the title of the 
state to such land, and the governor shall in like man- 
ner issue a patent to any purchaser of the rights, title 
and interest of the original purchaser, his heirs or 
assigns, acquired by any execution sale. All such pat- 
ents shall be signed by the governor and attested by 
the secretary of state with the great seal of the state How executed, 
of North Dakota, and shall be countersigned by the 
board of university and school lands with the seal of 
the secretary of said board. 



Sec. 190. PATENTS TO BE RECORDED.— 
The registers of deeds of the several counties of this 
state are authorized to record all patents issued by the 
governor pursuant to the provisions of this article ; and 
the records thereof shall have the same effect as the 
record of other conveyances executed according to the 
laws of this state. 

Sec. 191. TAXATION OF LANDS AF- 
TER SALE. PURCHASER OF TAX CER- 
TIFICATE. — The commissioner shall, as soon as pos- 
sible after the sale of lands, transmit to the auditor of 
each county, in which any lands mentioned in this 
article have been sold, a detailed description of each 
parcel of the land so sold and the names of the pur- 
chasers, and the auditor shall extend the same upon his 
tax duplicate for the purpose of taxation, and the same 
shall thereupon become subject to taxation the same 
as other lands, and the taxes assessed thereon, col- 
lected and enforced in like manner as against other 
lands ; provided, however, that the purchaser at tax 
sale of any such lands sold for delinquent taxes shall 
only acquire by virtue of such purchase, such rights 
and interest as belong to the holder and owner of the 
contract of sale issued by such commissioner under 
the provisions of this article, and the right to be sub- 
stituted in the place of such holder and owner of such 
contract of sale, as the assignee thereof ; and upon the 
production to the proper officer of the tax certificate 
given upon such tax sale, in case such lands have not 



Recording 
patents. 



Taxation — 
when lands 
subject to. 



Rights of 
pvirchasers at 
tax sale. 



184 



GENERAL SCHOOL LAWS 



No tax deed — 
when. 



Taxation — 
when sale can- 
celled. 



Payments 
on contracts 
may be made 
to county 
treasurer. 



Duty of treas- 
urer. 



Disposition of 
funds. 



Treasurer's 
bond, condi- 
tions of. 



been redeemed, such tax purchaser shall have the right 
to make any payment of principal or interest then in 
default upon such contract of sale, as the assignee 
thereof. But no tax deed shall be issued upon an}^ 
tax certificate procured under the provisions of this 
act while the legal title of said lands remains in the 
state of North Dakota. Whenever the contract for 
the sale of any of said lands has been canceled, it shall 
be the duty of the commissioner to notify the auditor 
of the county in which such lands are located of said 
cancellation, and thereafter such lands shall not be 
listed for taxation, but in the event of the redemption 
of any such lands, the redemptioner shall pay as taxes 
in addition to all other charges an amount equal to 
the tax last levied thereon for each year such land was 
not listed for taxation, together with such interest 
and penalty as would have been charged, if the same 
had been regularly listed and taxed. 

Sec. 192. PAYMENT TO COUNTY TREAS- 
URER. DUTY OF TREASURER.— The purchaser 
of any land mentioned in this article, or his assigns, 
may pay to the county treasurer of the county in which 
such land lies any amount which may be due from 
time to time on the contract, either for principal, inter- 
est, rents or penalty, and for the amounts so paid the 
county treasurer shall give to such person a duplicate 
receipt specifying the amount paid, date O'f payment, 
whether for principal, interest or penalty, and the 
fund to which it is applicable, the number of ,the con- 
tract, the name of the original purchaser of the land, 
or the assignee thereof, which receipt shall be coun- 
tersigned by the auditor of said county, and have the 
same force and effect as if given by the state treasurer. 
All moneys received by the countv treasurer, under 
the provisions of this article, shall be held at all times 
subject to the order and direction of the state treasurer 
for the benefit of the funds to which the moneys re- 
spectively belong; and during the months of January, 
March, June and October of each year, and such other 
times as he may be requested so to do by the state 
treasurer, he shall pay into the state treasury all moneys 
received on account of such funds since the last pay- 
ment he may have made. 

Sec. 193. BOND OF COUNTY TREASURER. 
CONDITIONS OF.— The bond of each county treas- 
urer shall be conditioned for the honest and faithful 
discharge of all trusts and responsibility imposed by 
this article, and for the faithful payment of and ac- 



STATE OF NORTH DAKOTA 



185 



counting for all moneys received by him under the 
provisions of this article to the state treasurer or any 
other person entitled to receive the same, and the board 
of university and school lands shall on or before the 
first day of January, following any election for county 
officers, certify to the chairman of the board of county 
commissioners of each county the amount of money 
liable to come into the hands of the treasurer of the 
county under the provisions of this article, and the 
board of county commissioners shall add to the amount 
of the sum required on his regular official bond to 
the county double the sum so certified by the board oi 
university and school lands, and the record of the pro- 
ceedings of such board of county commissioners when 
fixing the amount of such bond shall specify in two 
separate items the aggregate amount of the bonds so 
made up, designating one sum as the amount to indem- 
nify the county, and the other to indemnify the state 
for any losses incurred by reason of failure to comply 
with the provisions of all laws regulating his duty. 

Sec. 194. FEES TO COUNTY TREASURER.— 
County treasurers shall be entitled to a fee of one-half 
of one per cent on each dollar collected or received 
and remitted by them in payment of principal or in- 
terest, fines, penalties and damages on state lands, 
which fee shall be payable from the general fund of 
the class of lands on which payment is made to such 
treasurer, and such fee shall be paid to the county 
treasurer on vouchers countersigned by the county 
auditor and approved by the commissioner of univer- 
sity and school lands and such approved vouchers shall 
be paid out of any appropriation for the expenses of 
appraisement and sale of such lands. 



Compensation of 

treasurer. 



Returns from 
county audi- 
tor. 



Sec. 195. DUTY OF COUNTY AUDITOR.-- 
The county auditor shall, at the time he is required 
by law to return abstracts of settlement to the state 
auditor, also forward to the land commissioner all du- 
plicate or triplicate receipts of principal, interest, pen- 
alty or rental on state lands, with a certified statement 
of such collection by the county treasurer, specifying 
the amount of each item; and he shall also make such 
return at any other time as may required by the board 
of university and school lands. 

Sec. 196. LIST OF LANDS SOLD TO BE commissioner 

FURNISHED COUNTY TREASURER.— On or H^^f'^^,^,. 

before the first day of December in each year the com- urer with list 
missioner shall cause to be made out and transmitted 



of lands sold. 



186 



GENERAL SCHOOL LAWS 



to county treasurers a statement showing the lands 
sold in their respective counties, the number of the 
contracts of purchase, the name of the person to whom 
each contract was issued, and the amount of both prin- 
cipal and interest due on each on the first day of 
January, together with such directions, instructions 
and blanks as shall enable the county treasurers to 
carry out the provisions of this article. 

Sec. 197. TOWNSHIP ASSESSORS TO EX- 
AMINE STATE LANDS.— It shall be the duty of 
all township and district assessors, whenever required 
by the commissioner to examine and report on any 
lands designated to them by him, in the manner and 
form prescribed bv him, and for such examination they 
shall be paid at the rate of three dollars per day for 
time actually engaged, upon vouchers approved by 
the commissioner. 



Assessors to 
examine lands. 



compensation. 



Records to be 
denosited with 
commissioner. 



Permanent 
fund. 



General fund. 



Limitation on 
sale of lands. 



Sec. 198. TRANSFER OF RECORDS TO COM- 
MISSIONER. — All abstracts and conveyances of title 
to the state of North Dakota whether the said lands 
are held for penal, educational, charitable, school or 
other purposes, shall be, by those in whose charge 
such conveyances now are or may come, deposited with 
and remain in the control of the commissioner of 
university and school lands. 

Sec. 199. PERMANENT AND GENERAL 
FUNDS. — The principal accruing from all sales of 
school, university or other state lands under the con- 
trol of the board of university and school lands, as 
provided for in this article, shall become a part of the 
several permanent funds to which they respectively be- 
long and shall not be reduced by any means Vv^hatever. 
All moneys received as interest, for rents, penalties 
permits or from any source other than from the prin- 
cipal of sales shall become a part of the general or 
current funds to which they respectively belong and 
shall be distributed as directed by law. 

Sec. 200. QUANTITY OF LANDS TO BE 
SOLD. — No more than one-fourth of the common 
school lands of the state shall be sold within the first 
five years after they become saleable under the pro- 
visions of section 155 of the constitution, nor more 
than one-half of the remainder within ten years after 
the same become saleable as aforesaid. The residue 
may be sold at any time after the expiration of such 



STATE OF NORTH DAKOTA 



187 



ten years ; provided, however, that the coal lands of 
the state shall not be sold, but may be leased under 
the provisions of any law governing such leases. The 
words "coal lands" include lands bearing lignite coal. 



Sec. 201. EXPENSES OF SALE. HOW PAID. 
— The expenses of publishing notices of the sale of 
the university, school and all other public lands of the 
statp shall be paid by the state treasurer upon the war- 
rant of the state auditor out of the general or current 
funds of the different institutions as designated in sec- 
tion 199, and such expenses shall be apportioned ac- 
cording to the receipts credited each fund from pro- 
ceeds of each and every sale. All bills for such pub- 
lishing shall be verified by the publisher and approved 
by the board of university and school lands. There is 
hereby annually appropriated out of any funds in the 
treasury not otherwise appropriated, the sum of four 
thousand dollars, or so much thereof as may be found 
necessary, for the purpose of paying the expense of 
appraising, advertising and selling common school, 
institution or other lands, under the control of the 
board of university and school lands. 



Expenses- 
paid. 



-how 



Article 4. — Lease of School Lands. 

Sec. 202. LANDS SUBJECT TO LEASE. 
— All the common school lands and all other 
public lands of the state that are not of such value 
as will admit of appraisal at ten dollars or more per 
acre, at the time of any regular appraisal, may be 
leased ; provided, that no leases can be granted for 
a period longer than five years, and only for pas- 
turage and meadow purposes, and at a public auction 
after notice as hereinafter provided ; provided, further 
that all of such school and public lands now under 
cultivation may be leased at the discretion and under 
the control of the board of university and school lands 
for other than pasturage and meadow purposes until 
sold ; provided, further, that in case of a sale of the 
land so leased during the term of the lease, the lessee 
to be given ninety days' notice, and provided, further, 
that at the expiration of said lease or within ninety 
days of the date of receiving the aforesaid notice, the 
said lessee may remove from said lands so leased, all 
fences, sheds, water tanks, wind mills, etc., used upon 
said lands by said lessee. All rents shall be paid annu- 
ally in advance. 



Leasing of i 
cultivated 
school lands. 



188 



GENERAL SCHOOL LAWS 



Leasing of 

cultivated 

lands. 



Sec. 303. MAY LEASE CULTIVATED LANDS. 
—The commissioner of university and scliool lands is 
hereby authorized and empowered to lease cultivated 
school and institution lands in the several counties of 
the state for the period of two years for the purpose 
of summer-fallowing the first year and cropping the 
next, when in his opinion it is necessary so to do in 
order to clear the same of noxious weeds, said lessee 
to pay only one years rent for the same. When any 
lands are leased as above provided the party so leasing 
the same, before lease is approved by the board of 
university and school lands, shall pay to the county 
treasurer of the count}^ in which the land is situated 
the total amount of rent therefor. Should the lessee 
so renting the land as above provided fail or neglect 
to summer-fallow the same at the proper time, the 
board of university and school lands in their discretion 
may declare the lease canceled and the amount paid 
thereon will thereby become forfeited. 

Sec. 204. APPRAISAL FOR LEASE BY 
COUNTY BOARD.— It shall be the duty of the coun- 
ty board of appraisers, each and every year if so 
ordered, to appraise in the same manner as all other 
lands that are listed for taxation are appraised, all the 
common school and other public lands of the state in 
their respective districts that may be included in the 
order, making a return of all such appraisals to the 
board of university and school lands in the form pre- 
scribed on blanks furnished by the board ; such returns 
to be made on or before the first day of- July of the 
same year ; and for any services performed as required 
by this article they shall be paid at the rate of three 
dollars per day, to be paid by the state treasurer out 
of the funds appropriated for the current expenses of 
such board. It shall be the duty of the board- of uni- 
versity and school lands to equalize the appraisements 
so returned as to counties bv adding thereto or taking 
therefrom such a uniform percentage as may in its 
judgment seem proper and fair in order to arrive at 
a just and equitable equalization between the several 
counties, and upon such valuation so fixed the board 
of university and school lands are authorized to fix a 
per cent per acre as the minimum price at which the 
land can be leased ; provided, that the lowest price of 
lands leased for pasturage cannot be below one-half 
of one per cent of the average value in the county, and 
for any cultivated lands in the county the lowest price 
cannot be below two and one-half per cent of the 



Appraisal of 
lands by 
county board 
for purpose of 
lease. 



Compensation. 



Equalizing ap- 
praisements. 



Rates. 



STATE OF NORTH DAKOTA 



189 



appraised value of each cultivated tract. And when 
advertising the same for lease they shall set opposite 
each description the value thereof as equalized by them, 
w^hich valuation shall form the basis for leasing the 
same. 

Sec. 205. SELECTION OF LANDS FOR 
LEASE. — The board of university and school lands 
shall have the power, and it is hereby made its duty to 
select from the lands so appraised such tracts as in 
the judgment of the board can be leased with profit to 
the school and other permanent land funds of the state, 
or as the legislature may bv law order to be leased, and 
shall at such time as in its judgment is for the best 
interests of the state, proceed to advertise for lease and 
offer for lease, in each succeeding year, such lands as 
have thus been selected. 



Lands for 
lease — how 
selected. 



Sec. 206. ADVERTISEMENT FOR LEAS- 
ING.— All' such lands to be leased or offered for 
lease lying within the respective counties shall by the 
board of university and school lands be advertised for 
lease by publication once a week for not less than 
sixty days in some newspaper or newspapers of gen- 
eral circulation in the vicinity of such lands. Such 
advertisement shall contain the designation or proper 
description of each tract or parcel of land so to be 
leased, the appraised value of each tract and the per 
cent on such valuation fixed by the board as the mini- 
mum price at which such land can be leased and the 
terms of the lease. A copy of such advertisement 
shall also be posted in a conspicuous place at the court 
house of the county, and a notice of the time and 
place where the said lands are to be leased shall also 
be published for not less than sixty days in one news- 
paper at the seat of government by such board of 
university and school lands; provided, .that if in the 
opinion of the board there will not be sufficient of 
such lands situate in any county leased to warrant the 
expense of advertisement in a newspaper, by descrip- 
tion of each tract or parcel, the notice may be given 
by general advertisement. 

Sec. 207. MANNER OF LEASING. BY 
WHOM MADE. HOW CONDUCTED.— It shall 
be the duty of the commissioner of university and 
.'^chool lands or such other person as may be appointed 
by the board of university and school lands, to conduct 
the leasing of such lands in accordance with the pro- 
visions of this article and such directions as shall be 



Notice of 
leasing — how 
given. 



What_ shall 
contain. 



Notice posted. 



Leasing — how 
conducted and 
by whom. 



190 



GENERAL SCHOOL LAWS 



prescribed therefor by the board; provided, that the 
leasing shall be at public auction to the highest bidder 
at the court house or place where terms of the district 
court are held, commencing on the day specified in 
the advertisement for such lease and between the hours 
of ten o'clock A. M. and five o'clock P. M. to con- 
tinue from day to day until all tracts or parcels of land, 
advertised for lease shall have been leased or offered 
for lease; but the time for leasing the same shall not 
exceed ten days in any county, except that an adjourn- 
ment may be made over the Sabbath or any legal holi- 
day. In counties where a large number of tracts of 
land are to be leased the land situated in certain town- 
ships may be designated in the advertisement to be 
leased on certain specified days and in such case such 
lands shall be leased or ofTered for lease on such speci- 
fied days, or for want of time for the leasing or offer- 
ing for lease of all such designated lands the leasing 
of those unoffered may be adjourned until the following 
day or days, when they must be the first lands offered 
for lease. Such lands as shall not have been specially 
subdivided shall be leased or offered for lease in tracts 
of one-quarter section each, and those so subdivided 
in the smallest subdivision thereof. Notice must be 
given when the land is offered that all bids are subject 
to approval of the board. At the time of offering the 
lands for lease the county auditor of the county shall 
act as clerk, and it shall be his dutv to make report 
thereof; stating the terms of such leasing, as ds pre- 
scribed in section 174 for making reports of sales. 



County auditor 
clerk. 



Highest bidder 
must deposit 
amount of bid. 



Next bid ac- 
cepted when. 



Lease — ad- 
journment of. 



Sec. 208. BIDDERS TO PAY FIRST YEAR'S 
RENT AT TIME OF LEASING. PROVISIONS 
FOR FAILURE TO PAY.— The highest bidder for 
any parcel of land shall at once deposit the amount of 
his bid with the county treasurer, who shall act as 
treasurer of said leasing, failing to do which the bid 
of the next highest bidder shall be accepted under like 
conditions ; provided, his bid shall not be less than 
the minimum price as fixed under and in pursuance 
of section 201. 

Sec. 209. ADJOURNMENT OF LEASE.— 
Whenever the board of university and school lands 
finds that the interests of the state will be subserved 
by the adjournment of the time for offering lands for 
lease, the authority conferred by section 172 for ad- 
journment of sales ds made applicable to the leasing 
of lands. 



STATE OF NORTH DAKOTA 



191 



Sec. 210. APPROVAL OF LEASE AND EXE- 
CUTION OF CONTRACT FOR LEASE. THE 
BOARD OF UNIVERSITY AND SCHOOL 
LANDS TO HAVE POWER TO LEASE TO 
APPLICANTS IN CERTAIN CASES.— Immedi- 
ately upon receipt of the report of the county auditor 
as required by this article, the board of university and 
school lands shall approve and confirm the lease of all 
such tracts as in its judgment should be made, and shall 
at once certify a list of the approved leases to the com- 
missioner, who shall without delay execute duplicate 
contracts of lease in the form prescribed by the board, 
and forward to the lessee a copy marked "duplicate," 
the "original' being filed in the office of the commis- 
sioner, who shall also forthwith certify to the auditor 
of the proper county, a list of such leases as have 
been approved by the board. In case any of the lands 
in any county remain unleased after the date adver- 
tised for the leasing, the board shall have authority to 
make contracts of lease for said lands to the first ap- 
plicant therefor at not less than the minimum price 
thereof. 



Approval of 
lease. 



Contract. 



M^hen board 
may lease. 



Sec. 211. LESSEE NOT TO DESTROY TIM- 
BER. — No lessee of any of the common school or 
public lands of the state, or his heirs or assigns, shall 
cut down or take away from such tract any timber, 
trees or wood, or sufifer or cause the same to be done 
by any person, except that such lessee may cut down 
or use such amount of dead or prostrate trees, or 
timber as may be sufficient to supply him with fuel 
for his family, or the families of his employes actually 
residing upon said tract, and further, that such lessee, 
his representative or assigns may, during his term or 
within a reasonable time thereafter remove any pump, 
curbing, fencing, or any other improvement he may 
have placed thereon or received from any preceding 
occupant or lessee of the land. Any lessee violating 
the provisions of this section shall forfeit his lease and 
all rights and interests thereunder, and shall be liable 
to the state for damages sustained by the state by rea- 
son thereof and shall be guilty of a misdemeanor. 

Sec. 212. LESSEE NOT TO BREAK UNCUL- 
TIVATED LAND.— No lessee, or the heirs or as- 
signs of any lessee, of any of the common school or 
public lands of this state, leased for meadow or pas- 
turage purposes, or of school or public lands leased 
for the purpose of cultivation, which may contain any 
uncultivated or unbroken land, shall break, plow or 



Timber — what 
lessee may use. 



Removal of 
improvements. 



Penalty for 
violation of 
law. 



Uncultivated 
land must not 
be broken. 



192 



GENERAL SCHOOL LAWS 



cultivate any unbroken land on any tract so leased, 
or cause or' suffer it to be done by any other person. 
And any lessee, or his heirs or assigns, who shall vio- 
late the provisions of this section shall incur the same 
forfeitures and liabilities as are provided in the preced- 
ing section, and shall also be guilty of a misdemeanor. 



Penalty. 



Hay— when 
may be cut. 



Authority of 
Doard over 
hay and timber. 



Trespass — 
action for. 



Sec. 213. • HAY NOT TO BE CUT BEFORE 
JULY FIRST. — No lessee or his heirs or assigns, shall 
mow or cut for hay or feed any grass on any unbroken 
land, or cause or suffer the same to be done by any 
other person prior to the first day of July in any year. 
And any lessee or his heirs or assigns, who shall vio- 
late the provisions of this section shall incur the same 
forfeitures and liabilities as are provided in section 211, 
and shall also be guilty of a misdemeanor. 

Sec. 214. BOARD OF UNIVERSITY AND 
SCHOOL LANDS TO GRANT PERMITS TO 
CUT HAY AND REMOVE DEAD AND DOWN 
TIMBER. — The board shall have authority, when in 
its judgment it is for the best interests of the state so 
to do, to sell the right to cut grass on any of the public 
lands of the state and sell any down and dead timber 
on said lands for such price, terms and conditions as 
they may think proper, but no- dead timber, if stand- 
ing, shall be deemed to be included in the sale unless 
expressly so specified in the permit. All such permits 
shall only be for the current season and between the 
fifteenth day of June and the first day of April of the 
followina: year ; and no control of rights of occupancy 
of said land shall be other than what is specified in such 
permit ; said permit shall be sold by the several county 
treasurers, whose duties and compensation shall be 
prescribed by the board of university and school lands, 
but said compensation shall be based upon a percent- 
age of amounts of money collected and remitted to the 
state treasurer from said sale of grass and timber in 
their respective counties. All permits shall be paid for 
in advance. 

Sec. 215. TRESPASS UPON PUBLIC LANDS. 
CIVIL ACTION FOR.— Whoever commits any tres- 
pass upon any of the lands owned, or held in trust, 
or otherwise by the state shall be liable in treble dam- 
ages in an action to be brought in the name of the 
state, if such trespass is adjudged to have been willful ; 
but single damages only shall be recovered in such ac- 
tion if such trespass is adjudged to have been casual 
and involuntary. 



STATE OF NORTH DAKOTA 



193 



Sec. 216. BOARD EMPOWERED TO LEASE. 
— The board of university and school lands is hereby 
authorized and empowered to lease for coal mining 
purposes any lands under its control designated as 
common school lands and all other public lands of the 
state owned or held in trust by the state or granted 
to anv n ! He institution of the state, which contain 
coal including therein lignite coal. Any lease so made 
shall be for such period of time as such board may 
determine. 



Lands may be 
leased for 
mining pur- 
poses. 



Price to be 
paid. 



Sec. 217. HOW ADVERTISED.— The manner of Manner of 
advertisnig and' of leasing such lands for coal mining ^^^"^s- 
purposes and approval and execution thereof, shall be 
the same as provided in sections 206, 207 and 210. 

■ Sec. 218. MINIMUM PRICE.— Such lands shall 
not be leased for coal mining purposes for a less sum 
than ten cents per ton of 2240 pounds for each and 
every ton of coal mined thereon ; provided, that no lease 
of any such land for such purpose shall be made for 
less than $10 per annum for each and every forty- 
acre tract or fraction thereof, it being expressly pro- 
vided that at the time of the making and execution 
of such lease and annually thereafter, there shall be 
paid by the lessee an amount equal to $10 for every 
forty-acre tract of land so leased or any fraction there- 
of to the person and in the manner prescribed herein 
or by the rules and regulations of the board of uni- 
versity and school lands ; it being further provided that 
upon such lessee mining any coal or lignite coal there- 
on during a period of one year from and after the date 
of such payment, such lessee shall have credit upon 
the amount due under the terms of such lease on 
tonnage for the amount paid at the execution of 
such lease or at the time of the annual payment there- 
after made as hereinbefore provided ; the amount re- 
ceived for the lease of any such land for coal mining 
purposes to be used in the same manner and for the 
same purpose as is provided for other money received 
for the lease of common school and other public lands. 

Sec. 219. BOARD AUTHORIZED TO MAKE 
RULES. — The board of university and school lands 
is hereby authorized to make such rules and regula- 
tions as shall be by it deemed necessary for the manner 
of determining the amount of rent due under any such 
lease, the manner and time of payment and for such 
other conduct of the business of such leasing not in 
conflict with the provisions of the law now in force. 



Rules for de- 
termining ren- 
tal. 



School Laws — 13 



194 



GENERAL SCHOOL LAWS 



Right to rent 
surface to be 
reserved. 



Sec. 220. LEASE NOT TO INTERFERE 
WITH RIGHTS TO LEASE FOR PASTURE OR 
MEADOW. — The leasing of any such land for coal 
mining purposes shall not interfere with the right and 
authority of such board to lease .the same land for pas- 
ture or meadow purposes, and each and every lease 
so made for coal mining purposes shall contain therein 
a provision plainly and explicitly reserving to such 
board the right to so rent such lands for pasture and 
meadow purposes without such renting in any man- 
ner affecting the conditions or terms of such lease for 
coal mining purposes, and reserving to the said board 
the right to use, occupy and lease the surface of all 
such lands ; provided, that any such lessee for coal 
mining purposes shall have the right to the use and 
occupancy of so much of the surface of such lands 
as may be necessary for entry, dumps, buildings, tram- 
ways or other railways, roadways or uses in the min- 
ing, storing and shipping of coal mined thereon. 



Exception. 



Restrictions. 



Schedule of 
lands. 



Mining with- 
out lease — pen- 
alty for. 



Sec. 221. LEASING RESTRICTED.— No leases 
shall be made of any such lands having coal or lignite 
coal thereon for pasture or meadow purposes, except 
there shall be contained in such lease a provision au- 
thorizing the leasing of the same land for coal mining 
purposes and reserving to the said board the right to 
use and occupy, or lease for use and occupancy, and 
authorizing the use and occupancy of so much of the 
surface of said land as shall be required by any lessee 
of the same for coal mining purposes, for the use and 
purposes set forth in section 220. 

Sec. 222. BOARD TO MAKE SCHEDULE OF 
LANDS. — The board of university and school lands 
shall, as soon as possible, and by the best means at its 
command, and with the assistance of the state geolo- 
gist, proceed to ascertain and determine the quantity 
and description of all common school or other public 
lands under its control, on which coal or lignite coal 
exists, and make and compile a statement and schedule 
of all such lands. 

Sec. 223. PENALTY FOR VIOLATION.— Any 
person, fu^m or corporation who shall mine, remove 
or cause to be mined or removed, from any common 
school land, or other public lands of the state, any 
coal or lignite coal, except the same shall be so mined 
or removed under ajid by virtue of the terms of this 
act, shall be liable to the state of North Dakota in 
damages in the sum of one dollar for each and everv 



STATE OF NORTH DAKOTA 



195 



Willful 
pass. 



What is. 



Penalty. 



ton of coal or lignite coal so mined and removed, and 
shall be deemed guilty of a misdemeanor and, upon 
conviction thereof, shall be punished by a fine of not 
less than two hundred and lifty dollars, nor more than 
one thousand dollars, or by imprisonment in the county 
jail for not less than thirty davs nor more than one 
year or by both such fine and imprisonment ; each and 
every day or fraction of a day so occupied in mining 
or removing such coal or lignite coal from any such 
land, is hereby declared to be a separate ofifense against 
the provisions of this act. 

Sec. 224. WILLFUL TRESPASS. PENALTY. 
— Whoever commits any willful trespass upon any of 
the lands owned or held in trust or otherwise by this 
state, either bv cutting down or destroying any tim.ber 
or wood standing or growing thereon, or by carrying 
away any timber or wood therefrom, or by mowing or 
cutting or removing any hay or grass standing or 
growing or being thereon, or who injures or removes 
any buildings, fences, improvements or other property 
belonging or appertaining to said land or unlawfully 
breaks or cultivates any of said lands or aids, directs 
or countenances such trespass or other injury shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment in the coun- 
ty jail not more than one year, or by fine not exceed- 
ing five hundred dollars, or both such fine and im- 
prisonment, in the discretion of the court. And who- 
ever is occupying, residing upon or in possession of any 
school or other public lands owned or held in trust or 
otherwise by the state at the time of the passage, 
approval and taking effect of this act without a valid 
lease therefor shall be deemed and held to be a willful 
trespasser thereon, and guilty of trespass upon such 
land, and upon conviction thereof shall be punished 
as provided for in this section for any other act of 
trespass. 

Sec. 225.. PROPERTY TO BE SEIZED.— In 
addition to the penalties provided for in this article 
against those committing trespass upon any of the 
lands owned or held in trust or otherwise by this state, 
the commissioner is authorized and empowered with- 
out legal process to seize and take, or cause to be seized 
and taken any and all timber, grass, wood or other 
property unlawfully severed from such lands, whether 
the same has been removed from such lands or not, 
and may dispose of the property so seized and taken, 
either at public or private sale, in such manner as will 



Willful tres- 
passer — v/ho 



Property sev- 
ered from nub- 
lic land to be 
seized. 



196 



GENERAL SCHOOL LAWS 



be most conducive to the interests of the state ; and all 
moneys arising therefrom after deducting the reason- 
able and necessary expenses of such seizure and sale 
shall be made a part of the general fund belonging to 
the public lands and shall be distributed in accordance 
with the provisions of this article. 

Sec. 2m. DAMAGES.— All damages recovered 
for any trespass, or other injury upon or to any of 
the lands mentioned in this article, shall be paid over 
to the state treasurer for the benefit of the general 
fund to which the same properly belongs. 



Proceeds to 
to general 
fund. 



Damages go to 
p-eneral fund. 



State's attorney- 
shall prosecute 
trespassers. 



Appropriation 
for leasing 
lands. 



Fees. 



Must be paid 
in advance. 



Sec. 327. STATE'S ATTORNEY TO PROSE- 
CUTE AND REPORT.— The state's attorneys of the 
several counties shall promptly report to the commis- 
sioner all cases of trespass committed upon such lands, 
which may come to their knowledge, and shall, when 
directed by the attorney general, prosecute all actions 
for any trespass or injury thereto, or for recovery of 
possession thereof, or otherwise. 

Sec. 228. EXPENSE OF ADVERTISING AND 
LEASING. — There is hereby annually appropriated 
out of any funds in the treasury not otherwise appro- 
priated the sum of two thousand dollars, or so much 
thereof as may be found necessary, for the purpose 
of paying the expense of advertising the common 
school lands for lease and the attendant expense of 
leasing the same. 

Sec. 229. FEES FOR SERVICE. DUTY 
OF COUNTY TREASURERS.— It shall be 
the duty of the commissioner of university and school 
lands to charge and collect the following fees : For 
each one year lease of school or other state lands, 
$1.50. For each lease for a period of more than one 
year, $3. For each contract for lands purchased, $5. 
For each patent, $5. For approving and recording 
each assignment of school land contract, $5. For fur- 
nishing certified copies of school land contracts, $3. 
All fees must be paid in advance and when collected 
must be paid into the state treasury at the end of each 
month and be placed to the credit of the expense fund 
of the board of university and school lands. It shall 
be the duty of the county treasurer of any county 
where any such lands are leased or sold to collect the 
fees hereinbefore provided for at the time the first 
payment thereon is made for leases and contracts of 
sale and transmit the same to the commissioner on 
the first day of each month. 



STATE OF NORTH DAKOTA 197 



Sec. 230. APPROPRIATION FOR EXPENSES 
OF BOARD. — There is hereby annually appropriated 
out of any funds in the treasury not otherwise appro- 
priated the sum of five thousand dollars or so much 
thereof as may be found necessary, for the salaries 
and expenses of the commissioner of university and Expenses of 
school lands, clerk hire, record books, blanks and all \°.fl^~ fo^/"°' 
such other expenses as shall be necessarily incurred 
by the board of university and school lands in carry- 
ing- out the provisions of this article, and such expenses 
shall be paid out of the treasury, and upon satisfactory 
vouchers therefor the state auditor shall issue his war- 
rant for the same. 



198 GENERAL SCHOOL LAWS 



APPENDICES 



APPENDIX A 



SPECIAL LAWS. 

The following special laws enacted by the legislative assembly 
from 1877 to June 20, 1886, pertaining to the organization and 
government of independent school districts and acts amendatory 
thereof are in full force and effect, towit : 

(a) "An act providing a board of education for the city of 
Fargo, Dakota Territory, and regulating the management of the 
public schools therein," approved February 20, 1879. 

(b) 'An act providing for a school board for the city of Lis- 
bon, and for other purposes," approved March 13, 1885. 

c) "An act to create certain territory now within the school 
township of Brightwood, Richland County, Dakota Territory, as 
an independent school district. No. 1 (Hankinson), Richland county, 
Dakota Territory," approved March 13, 1885. 

(d) 'An act establishing the independent school district of Wal- 
cott, Richland county, Dakota territory," approved March 13, 1885. 

All other special and private laws pertaining to the establishment 
and management of schools in that portion of the territory of Dakota 
which now constitutes the state of North Dakota, have expired 
by their own limitation, or otherwise. 



APPENDIX B 



STATUTES NOT INCLUDED IN SCHOOL LAWS. 

PENALTY FOR FAILURE TO MAKE REPORTS. 

Sec. 377. PENALTY FOR FAILURE TO MAKE RE- 
PORTS. — Any public officer who is required to make an official 
report to any other officer, or board, who willfully neglects to make 
such report at the time and substantially in the manner required by 



STATE OF NORTH DAKOTA 199 

law, shall forfeit and pay to the state a penalty of not less than 
twenty dollars nor more than five hundred dollars, to be recovered 
from such delinquent officer, or from him and the sureties upon his 
official bond. 

Sec. 378. ATTORNEY GENERAL TO PROSECUTE.— 
Upon the willful neglect of any public officer to make any report 
required by law it shall be the duty of the officer or board to whom 
such report should be made promptly to notify the attorney general 
of such failure to report, whose duty it shall be to investigate the 
neglect of duty complained of ; and, if in his opinion, the officer has 
not a sufficient excuse for such failure, the attorney general shall 
prosecute such officer for the recovery of the penalty above provided. 

FILING BOND OF TREASURER. 

Sec. 409. BONDS OF TOWNSHIP AND SCHOOL DIS- 
TRICT OFFICERS.— It shall be the duty of each county auditor 
on or before the first day of March in each year to procure the 
proper blank bonds and send them to the clerk of each township and 
school district, and all such officers required by law to give bonds 
shall procure such bonds from the proper clerk; and shall imme- 
diately after the execution and approval thereof hand the same 
to the clerk of the township, whose duty it shall be forthwith to 
file such bonds, except those of justices of the peace, with the 
county auditor, and the county auditor shall on receipt thereof 
examine such bonds and see that they are properly executed and, if 
he finds that any bonds are not executed according to law, he shall 
note thereon any errors and return them to the clerk for correction, 
and it is hereby made the duty of the clerk to have such bonds 
corrected forthwith and return the same to the county auditor. The 
county auditor shall not issue any order upon the county treasurer 
for funds or money belonging to a civil township or school district 
to any person as treasurer of such township or school district until 
his bond has been filed as in this section provided. 

BONDS. 

Sec. 2979. BONDED INDEBTEDNESS, FOR WHAT IN- 
CURRED. LIMIT OF. — Any city or municipal corporation in this 
state may incur a bonded indebtedness for the purpose of erecting 
public school buildings and other buildings for city purposes, pur- 
chasing fire apparatus, putting in waterworks, sinking public wells, 
or cisterns and putting in sewers and improving streets, which 
said indebtedness, together with the indebtedness which then exists 
shall not, except as otherwise provided, exceed five per cent of 
the assessed valuation of the taxable property _ in such city or 
municipal corporation as shown by the return of the assessor for the 
year next preceding the time at which such indebtedness shall be 
incurred. 



200 GENERAL SCHOOL LAWS 

Sec. 2980. BONDS, HOW ISSUED. ELECTION.— The 
bonds issued for the purposes mentioned in the last section shall 
be issued by the city council or board of trustees of any city or 
municipal corporation only upon a majority vote of the qualified 
electors of such city or municipal corporation voting thereon at 
an election res:ularly called for that purpose and in accordance 
with the provisions of the charter of such city or municipal cor- 
poration governing the issuance and sale of bonds ; provided, that 
in all cities and municipal corporations where the charter does not 
provide for the manner of calling and holding an election for the 
purpose aforesaid, a special election shall be called and held as 
herein provided, or such question may be submitted at any annual 
election. The city council or board of trustees a;t any regular meet- 
ing thereof may decide to call a special election to vote bonds for 
any of the purposes stated in section 2979, and they shall give at' 
least fifteen days.' public notice of such election by at least two publi- 
cations thereof in a weekly newspaper published therein, or if there 
is no such newspaper then by posting such notice in five public 
places in such city. Such notice shall state the amount and denomi- 
nation of the bonds to be voted for, the rate of interest thereof, 
the purpose for which such bonds are to be issued, the form of the 
ballots to be used and the time and place of holding such election. 
The judges and clerks shall be appointed and the election shall be 
conducted as provided by the charter of said city for conducting 
annual elections, and the returns shall be canvassed and in like man- 
ner returned. This article shall not be construed to limit or restrict 
the powers already conferred by any special charter upon any 
council of any city or municipal corporation. The bonds voted as 
provided for in this article shall be sold at not less than par value. 

Sec. 2988. BONDS MAY BE REFUNDED.— All bonds here- 
tofore issued by any city or by or under the authority of the board 
of education of any city in this state for school or school house 
purposes may be refunded in the discretion of said board in the 
manner hereinafter provided, whenever there is not sufficient money 
in the treasury of such city applicable thereto, to pay such bonds. 

Sec. 2989. 'DENOMINATION OF BONDS.— Said bonds shall 
be in denominations of not less than one hundred nor more than 
one thousand dollars, shall be numbered consecutively from one 
upward, shall bear the date of their issue, shall be made payable to 
the purchaser or bearer, shall be payable ten years from date, and 
shall bear interest at a rate of not exceeding seven per cent per 
annum payable annually, with interest coupons attached, and prin- 
cipal and interest shall be made payable at such place as may be 
designated by the board of education. The bonds and each coupon 
shall be signed by the mayor and attested bv the city clerk or auditor 
under the seal of the city. Said bonds shall be printed, engraved 
or lithos:raphed on bond paper, and a dulv authenticated copy of 
this article shall be printed on the back of each bond. 



STATE OF NORTH DAKOTA 201 



Sec. 2990. BOARD OF EDUCATION TO LEVY TAX.— 
The board of education shall levy each year upon the taxable prop- 
erty of such" city a tax sufficient to pay the interest on said bonds 
as the same accrues, and after five years from the date of said bonds 
an annual sinking fund tax sufficient for the payment of said bonds 
at maturity, which taxes shall become due and be collected the same 
as other city taxes. 

Sec. 2991.. BONDS, HOW EXECUTED.— The refunding of 
indebtedness and the issuance of bonds provided in this article shall 
be under the control and direction of the board of education, and 
a resolution of said board directing the execution of such bonds 
and specifying the number and amount of each bond shall authorize 
and require the mayor and city clerk or auditor to execute the same 
in the manner herein provided, and deliver the bonds so executed 
to the board of education who shall provide for the sale and negoti- 
ation thereof or . for the exchange of said bonds for outstanding 
bonds authorized to be refunded tuider this article, as they may deem 
best ; provided, that such refunding bonds shall not be sold or ex- 
changed at less than par value. Both principal and interest of said 
bonds shall be paid by the city treasurer by warrants drawn upon 
the funds created therefor and issued under the direction of the 
board of education. A duly certified copy of the resolution of the 
board of education authorizing and directing the execution of such 
bonds by the mayor and city clerk or auditor shall be printed on the 
back of each bond. A register of all bonds so executed shall be 
made by the city clerk or auditor and kept in his office as a public 
record, showing the number, date, amount, interest, name of payee 
and when and where payable, of each and all bonds executed under 
the provisions of this article. And after such outstanding bonds 
shall have been so refunded the same shall be placed in the hands 
of the city clerk or auditor after having had first marked across the 
face thereof in red ink the words "refunded bond ;" and the city 
clerk or auditor shall thereupon make a record of each bond in the 
same manner provided herein for bonds issued under this article 
and at the next regular meeting of the council shall cancel and burn 
said bonds in the presence of the city council and make a record 
of such action in the proceedings of the council. 

Sec. 3000. INTEREST FUND.— Any city, town or village in 
this state having not less than three thousand inhabitants is author- 
ized and empowered through its proper officers to levy and collect 
taxes not exceeding twelve mills on the dollar of the assessed valu- 
ation of said city, town or village, for the purpose of creating 
an interest fund' with which to pay interest upon the existing bonded 
indebedness of such municipality, including bonds, if any, issued 
under the direction of the respective boards of education therein. 
If any officer of such municipality shall use the moneys collected by 
virtue of this section for any other purpose than that expressed 
herein, he shall be guilty of a misdemeanor, and upon conviction 



202 GENERAL SCHOOL LAWS 

thereof shall be fined not less than one hundred nor more than 
five hundred dollars or imprisonment in the county jail not less 
than thirty days nor more than one year. 

Sec. 3001. SINKING FUND.— They may also levy and collect 
taxes not exceeding four mills on the dollar for the purpose of 
creating a sinking fund to pay the bonds of the municipality as 
the same may mature ; and the proper officers of the municipality 
may invest the money in said fund in interest bearing securities 
of the state or of any organized county therein or of the munici- 
pality, and shall in no other manner dispose of the money in said 
fund, and if any officer of such municipalities shall use the money 
in said fund in any other manner than as provided in this section 
he shall be guilty of a misdemeanor. 

BONDS FOR LABOR AND MATERIAL FOR PUBLIC BUILDINGS. 

Sec. 6252. BONDS FROM CONTRACTOR ON PUBLIC 
IMPROVEMENTS.— It shall be the duty of every public officer 
or board authorized to enter into a contract for the erection, repair, 
alteration or betterment of any public building or any other public 
improvements before entering into any such contract, to take from 
the contractor a good and sufficient bond for an amount at least equal 
to the price stated in the contract, conditioned to be void if the con- 
tractor and all subcontractors shall pa}^ all bills and claims on 
account of labor or materials furnished in and about the performance 
of said contract, including all demands of subcontractors, said bond 
to stand as security for all such bills, claims and demands until 
the same are fully paid. The obligee in said bond shall be the state 
of North Dakota ; but any person having any lawful claim against 
the contractor, or any subcontractor, on account of labor or mate- 
rials, or both, furnished in and about the performance of said con- 
tract, may institute an action to recover the same in his own name 
upon said bond ; in the same manner and with like effect as though 
the said bond were made payable to him. 

Sec. 6253. PERSONALLY LIABLE FOR BILLS.— Any offi- 
cer and the members of any board who shall fail to take such a bond 
before entering into such a contract shall be personally liable for 
all such bills, claims and demands which shall not be paid within 
thirty days after the completion of the work. 

Sec. 6254. SURETIES. — When the penal sum of said bond is 
five thousand dollars or under, the same shall be signed by at least 
two sureties, each of whom shall justify in the full amount of said 
bond. When the penal sum of said bond is in excess of five thou- 
sand dollars and not greater than twentv thousand dollars, said bond 
shall be signed by at least four sureties, who shall justify in the 
amount thereof. And when said penal sum is in excess of twenty 
thousand dollars and not greater than fifty thousand dollars, said 
bond shall be signed by at least eight sureties, each of whom shall 



STATE OF NORTH DAKOTA 203 

justify in at least one-half the amount of said bond; but it shall be 
sufficient in any case if said bond is signed by a reputable surety 
company authorized to enter into such an obligation. 

Sec. 6255. BOND SHALL BE FILED.— Before said contract 
is entered into, said bond, duly signed and acknowledged, with the 
proper affidavits of justification attached thereto, shall be filed in the 
office of the clerk of the district court of the county in which such 
conract is to be performed, and approved by said clerk, to be kept as 
one of the permanent records of the office. 

SPECULATION IN OFFICE PROHIBITED. 

Sec. 9402. UNLAWFUL PURCHASERS BY SCHOOL DIS- 
TRICT OFFICERS. — Every person who while an officer of any 
school district or corporation, or deputy or clerk of such officer, 
directly or indirectly, buys or traffics in or in anywise becomes a 
party to the purchase of any school warrant, order or scrip, or 
any bill, account, claim or evidence of indebtedness against his 
school district or corporation, for any sum less than the full face 
value thereof, is guilty of a misdemeanor, and upon conviction there- 
of is punishable by a fine of not less than fifty and not exceeding 
five hundred dollars. 



appi:ndix c 



DIGEST OF DECISIONS OF SUPREME COURT. 



CONTRACTS. 
1. Bonds. 

(a) Consideration— Want of, cannot he shown as against a 
bona Ude purchaser. — The auditing, by the committee, of claims 
against the district, and the vote of the district to pay such claims, 
and the issue of bonds accordingly, precludes any inquiry as to the 
validity of such claims ,as a consideration for such bonds, as against 
a bona fide purchaser of such bonds. 

Flagg vs. School District No. jo, 4 N. D. ^0. 
Flagg vs. School District No. 70, 5 N. D. ipi. 

(b) Issuance of Bonds — Strict- Compliance with Statute. — 
Where a statute authorizes the issue of municipal bonds payable in 
not less than 10 years from date, bonds issued thereunder, payable 
in 11 days less than ten years from date, are void, even in the hands 
of a bona fide purchaser. 

People's Bank of St. Paid vs. School District No. ^2, 5 A''. D. 
496. 



204 GENERAL SCHOOL LAWS 

(c) Invalid Bonds — Municipality Otherzvise Liable. — The in- 
validity of such bonds does not affect the habiHty, if any, of the 
municipaHty, independently of the bonds. 

People's Bank of St. Paul vs. School District No. 52, 5 N. D'. 
496. 

(d) Provision for Exchange Does Not Destroy Negotiability. — 
An instrument providing for the payment of exchange on a point 
other than the place of payment, in addition to the principal and 
interest, is not a negotiable instrument ; and one who purchases the 
same before maturity, for value, and without notice of any defense 
thereto, nevertheless, takes it subject to the defense of want of con- 
sideration good as between the original parties to the instrument. 

Flagg vs. School District No. yo, 4 N. D. 50. 

(e) Recitals in Bonds — Estoppel to Dispute. — Municipal corpo- 
rations are estopped, as against bona fide holders of municipal bonds, 
from setting up as a defense to an action thereon that all the pre- 
liminary steps necessary to authorize the issue of the bonds were not 
taken, when the officers who have charge of the issue of such bonds 
are especially or impliedly authorized to determine whether all the 
conditions precedent to the issue of valid bonds have been complied 
with, and recite in the bonds so issued that they bave been complied 
with. 

Coler vs. Dzvight School Tozmiship, j N. D. 249. 

(f) Recital in Bonds — Non-Negotiable. — The right of a bona 
fide purchaser of municipal bonds to rely upon a recital or certificate 
as to facts which the person making the same had authority to deter- 
mine, does not depend upon the bond being a negotiable instrument. 
It exists in the case of a bona fide purchaser of a non-negotiable bond 
as well. 

Flagg vs. School District No. jo, 4 N . D. jo. 
It is not essential that the officer issuing the bonds should be ex- 
pressly authorized to determine such question, but it is sufficient if 
they are given full control in the matter. 

Coler vs. Dzvight School Tozmiship, j A^. D. 249. 

PROHIBITED CONTRACTS. 

(a) Prohibited Contracts, Retention of Frtiits of, Does Not Ren- 
der Municipality Liable. — Where a contract is expressly prohibited 
or declared void by statute, retention of the fruits of such contract 
will not subject a municipality to liability under the contract or on 
a quantum meruit. 

Goose River Bank vs. Willozv Lake School Tozvnship, i N. 

D. 26. 
Capital Bank of St. Paul vs. School District No. 53, i N. D. 

479- 



STATE OF NORTH DAKOTA 205 

II. Teachers, 

(a) Employment — Void ivithoiit Certificate. — A contract duly 
executed between the proper officers of a school district and another 
person, by the terms of which said person is employed as a teacher 
in a public school in said district, is void, where such person at the 
time of making the contract, holds no certificate of authority to 
teach in the county where the district is located. 

Hosmer vs. Sheldon School Disrict No. 2, 4 N. D. igy. 

(b) Certificate Will Not Relate Back. — The subsequent procure- 
ment of such certificate will not enable such person to recover 
against the district damages for the breach of such contract. 

Hosmer vs. Sheldon School District No. 2, 4 N. D. igy. 

III. Warrants. 

(a) Assignee — Bona Fide Purchasers. — As school warrants are 
not negotiable so as to cut ofif defenses an assignee cannot recover 
thereon as being a bona fide purchaser. 

Goose River Bank vs. Willoiv Lake School Township, i N. D. 

26. 
Capital Bank of St. Paul vs. School District No. 55, i N. D. 

479- 
People's Bank of St. Paul vs. School District No. 52, ^ N. D. 

4p6. 

(b) Rights and Duties of Purchaser's of Warrants — Persons 
purchasing obligations apparently issued by municipal corporations 
must see that the powers of the corporation have not been exceeded. 

Farmers and Merchants' Nat. Bk. z^s. School District No. j^, 6 
Dakota 2^j. 
The purchasers of school bonds, for value, and before maturity, 
and without notice that any of the conditions of the statute relating 
to the proceedings to authorize the issue of the bonds had not been 
complied with, could rely upon the certificate of the county clerk 
that the preliminary proceedings had been complied with. 
Flagg vs. School District No. jo, 4 N . D. 30. 
Where the statute provides that the bonds should not issue unless 
the title to the school site was in the school board, the certificate 
of the county clerk that such conditions as to title had been com- 
plied with was final as against the school district in favor of a bona 
fide purchaser. 

Flagg vs. School District No. JO, 4 N . D. 30. 

(c) Teachers WitJiout Certificates — Warrants Void. — No teach- 
er shall be employed to teach, who does not hold a lawful certificate ; 
and every warrant issued to such teacher is without- consideration 
and void. 

Goose River Bank vs. Willow Lake School Township, i N. 
D. 26. 



206 GENERAL SCHOOL LAWS 

(d) Non-negotiable Warrants — School township warrants are 
xiot negotiable instruments in the sense that their negotiation will 
cut off defenses to them existing against them in the hands of the 
payee. 

Goose River Bank vs. Willow Lake School Township, i N. 
D. 26. 



OFFICERS. 

IV. Superintendent of Schools. 

County Superintendents — Compensation. — Sec. 652, Rev. Codes, 
which prescribes the salaries of county superintendents of schools, 
construed, and held, that said section requires the salaries shall be 
computed upon the basis of the number of schools or separate depart- 
ments of graded schools presided over by superintendents, which 
have been taught at least three months in the preceding year, and 
shall not be computed upon the number of schools which have been 
taught less than three months. This construction of said section 
is not of that doubtful character which would warrant the courts 
in following a contrary interpretation placed thereon by the depart- 
ment of public instruction. 

'Wiles vs. Mcintosh, 10 N. D. 5^4. 
That portion of Section 652, Rev. Codes 1899, which provides 
that "in counties having sixty schools the board of county -commis- 
sioners shall appropriate one hundred dollars for clerical assistance 
in the county commissioner's office and five dollars for each addi- 
tional school to be paid monthly. * * *" construed. Held, 
That the appropriation required to be made by said section is not for 
the personal benefit of superintendents, but is to create a fund to 
pay the county's obligations to such clerks as shall be lawfully em- 
ployed in that office. Held, further, that said section does not make 
county superintendents custodians of such funds, or authorize them 
to audit the accounts of clerks which are to be paid therefrom. Such 
accounts are to be audited and paid the same as other accounts, the 
amounts of which are not fixed by law. 

Sate vs. Heinrich, 11 N. D. 31, 88 N. W. Rep. 732. 



SCHOOL DISTRICTS. 
V. Judgments. 
(a) Judgment Against School District — Enforcement. — Where 
a judgment is obtained against a school township organized under 
chapter 44 of the laws of ISSS, on an indebtedness of a school district 
for whose indebtedness such school township became liable under sec- 
tion 144 of such statute, the judgment creditor may proceed to en- 
force such judgment, the same as any other judgment against such 
school township. 

Coler vs. Chopin, — 7 A^. D. 418. 



STATE OF NORTH DAKOTA 207 

(b) Mandamus to Compel Payment of Judgment. — Where 
a judgment is obtained against such a township on an indebtedness 
of a school district and subsequent to the entry of such judgment 
the township is divided into two school districts, the judgment cred- 
itors may proceed to enforce such judgment against such districts, 
and each will be required by mandamus to levy a tax sufficient to pay 
its pro rata share of such indebtedness, based upon the amount of 
its taxable property. 

Coler vs. Coppin. — lo N. D. 86. 

VI. Organization and Government of Schools. 

1. POWERS AND DUTIES OF SCHOOL BOARDS. 

(a) Build School Houses and Issue Warrants — When. — ^Where 
the statute required that the voters of a school district should select 
a site for a school house, and the district, without this having been 
done, select it, built a school house and issued warrants therefor 
without the authority or ratification of the voters, the warrants were 
void. 

Farmers and Merchants Nat. Bk. vs. School District No. 55, 
6 Dakota 2^5. 

(b) Contracts Ultra Vires — Ratification. — Where a contract is 
void because the district board has no authority to make it, it can- 
not be made binding upon the district by subsequent ratification by 
the inhabitants. 

Capital Bank of St. Paul vs. School District No. 55, i N. D. 
4/p, distinguishing Capital Bank of St. Paul vs. School 
District No. 85, 6 Dak. 248. Farmers and Merchants' Na- 
tional Bank vs. School District No. 55^ 6 Dak. 2^^. 

(c) Limitation of Indebtedness. — The school board cannot ex- 
ceed the tax levied, in building a school house. 

Farmers and Merchants' Nat. Bk. vs. School District No. 55, 
6 Dak. 2jj; Capital Bank of St. Paul vs. School District 
No. 85, 6 Dak. 248; Capital Bank of St. Paul vs. School 
District No. 5J, i N. D. 42Q. 

(d) School Board Responsible for Lost Funds. — Where bonds 
were regularly issued, but were delivered to a bank to be negotiated 
and sold, and the proceeds were "never turned over to the school 
township, the school board was wholly responsible for the loss. 

Prairie School Tozvnship vs. Haseleu, ^ N. D. ^28. 

(e) School Tozvnship Treasurer — Cannot Sell Bonds. — The 
school board is the official governing board of the school township 
and has full power and authority, to issue, negotiate, and sell bonds 
of the school township, as have been duly voted by the electors for 
the purpose of building a school house ; and that the township treas- 
urer acting independently, has no authority, under the law, and by 
virtue of his office as treasurer, to issue, negotiate, or sell bonds. 

Prairie School Tozvnship vs. Hasleu, j N. D. J28. 



208 GENERAL SCHOOL LAWS 

(f) School House Site — Hozv Selected. — The district school 
board must submit the selection of site for school house, and the 
building of school house to the voters. 

Farmers and Merchants' Nat. Bk. vs, School District No. 53, 
6 Dak. 255. 

2. POWERS AND LIABILITIES OF -SCHOOL DISTRICTS. 

a) Boundaries of School Districts — How Changed. — When 
petitioned by a majority of the citizens of a district, it is the duty 
of the county superintendent to divide his county into school districts, 
subdivide and rearrange the boundaries of the same. 

Dartmouth Savings Bank vs. School Districts 6 Dak. JJ2. 

Upon organization into a civil township of a portion of the ter- 
ritory comprising a school township corporation, held, construing 
sections 658 and 659 revised codes, that such civil township continues 
until segregated therefrom by the commissioners and county super- 
intendent of schools, upon petition of the voters. 

State ex. rel. Laird vs. John Gang, 10 N. D. 551. - 

(b) Estoppel by Acts or Representations of Officers. — The offi- 
cers of a school township cannot estop the township, by representa- 
tion, expressed or implied, that the facts to authorize the issue of 
lawful warrants exist. 

Goose River Bank vs. Willow Lake School Township, I JV. 
D. 26. 

(c) Implied Powers. — School districts being special statutory 
creations, have only such implied powers as are necessary to accom- 
plish the purpose of their existence. 

Farmers and Merchants^ Nat. Bk. vs. Scliool District N'o. 53 , 
6 Dak 255. 

(d) Organizatio7i — Estoppel to Dispute. — A school district is 
not estopped to question the legality of its organization. 

Dartmouth Savings Bank vs. School District, 6 Dak. j^2. 

(e) Organisation of District — Liability for Debts. — A school 
township organized under chapter 44, laws 1883, becomes, immedi- 
ately upon such organization, liable for the debts of the district, the 
school house and furniture of which becomes the property of the 
school township. This liability is complete, and does not depend 
upon the settlement of the equities between the several districts in- 
cluded in the new school tovv^nship, under sections 136, 138, chapter 
44, laws 1883. 

Coler vs. Dzvight School Tozmiship, j TV. D. 24Q. 
Coler vs. Coppin, 10 N. D. 86. 

(f) Petition for Organisation of School District — Sufficiency. — 
The board of county commissioners having found that a certain peti- 
tion for the organization of a civil township contained the requisite 
number of legal voters, and having acted thereon by taking necessary 



STATE OF NORTH DAKOTA 209 

steps to organize such township, the question as to the sufficiency 
of such position is not open to judicial investigation in mandamus 
proceedings to compel the calling of an election for school officers 
in such township. 

State ex. rel. vs. John Gang lo N. D. 551. 
(g) Special School District — Equalisation of Interests. — Where 
a school district is divided by the organization of a city or incor- 
porated town or village situated within said district, into a special 
school district, under the provisions of chapter 63 of the laws of 
1890, the board of arbitration provided for by such chapter to equalize 
the interests of said districts must take into consideration the school 
building owned by the original district, and adjust the rights of the 
respective districts concerning the same. 

State ex. rel, vs. School District No. 21, 6 N. D. 488. 
(h) De Facto Corporations — Validity of Bonds. — In an action 
upon the coupons of bonds issued by a de facto school district, the 
defense that the bands were void on the ground that the district had 
no legal existence because of failure to comply with provisions of the 
statute regulating the organization of such districts in matters which 
went to the jurisdiction of the county superintendent to organize the 
district cannot be interposed. 

Coler vs. Wright School District, j N. D. 24P, Distinguishing 

Da}-tmouth Savi7igs Bank vs. School District, 6 N. D. 332 . 

VII. Payments. 

Public Funds — Voluntary Payment Can he Recovered Back. — 
Where overpayments, out of public funds, were made under a mis- 
take of facts, and were induced by plaintiff's false statements, they 
were not voluntary payments, and can therefore be recovered back 
by the county ; and that the doctrine of voluntary payment does not 
apply to payments from public funds by agents of municipal cor- 
porations whose duties and powers in reference thereto are limited 
and defined by law. 

Wiles vs. Mcintosh, 10 N. D. 594. 



OFFICIAL BONDS. 
VIII. Principal and Surety. 

Treasurer Liable on Official Bond — When. — Where bonds were 
not delivered to the treasurer for negotiation and sale an action 
will not lie against the ti;easurer or his sureties, on his official bonds 
for a breach of the conditions of such bond, which requires the 
treasurer CO account for and pay over all moneys and property which 
comes into his hands as treasurer. 

Prairie School Township vs. Haseleu, j N. D. 328. 

School Laws— 14 



210 GENERAL SCHOOL LAWS 



APPENDIX D 



NOTES AND REFERENCES 

Note 1. Section 343 fixes the bond of the superintendent of public 
instruction at $5,000. 

Note 2. Section 343 fixes the bond of the county superintendent 
at $500. 

Note 3. Article 9 provides for the filling of vacancies. Section 
359 provides when vacancies occur. 

Sec. 359. VACANCIES, HOW CAUSED.— Every office shall 
become vacant on the happening- of either of the following events : 

1. Death of incumbent. 

2. His insanity judicially determined. 

3. His resignation. 

4. His removal from office. 

5. His failure to discharge the duties of his office, when such 
failure has continued for sixty consecutive days, except when pre- 
vented from discharging such duties by sickness or other unavoid- 
able cause. 

6. His failure to qualify as provided by law. 

7. His ceasing to be a resident of the state, district, county 
or township in which the duties of his office are to be discharged, 
or for which he may have been elected. 

8. His conviction of a felony or any offense involving moral 
turpitude or a violation of his official oath. 

9. His ceasing to possess any of the qualifications of the office pre- 
scribed by law. 

10. The decision of a competent tribunal declaring void his elec- 
tion or appointment. 

See also section 863. 

Temporary absence from the district for which the officer is chosen 
does not work a forfeiture of the office. The failure to elect a 
successor in office does not create a vacancy. 

Note 4. Section 775 does not confer upon the county superin- 
tendent authority to take acknowledgements. 

Note 5. COUNTY SUPERINTENDENT, SALARY OF.— In 
determining the salary of the county superintendent that officer 
is entitled to include the actual number of schools or separate depart- 
ments in graded and high schools over which he has general super- 
intendence, or official supervision {See Sections ydf, and 778.) 

The fact that a county superintendent becomes personally respon- 
sible for the accounting from special and independent districts as to 
reports of clerks and treasurers, which must be filed in his office 
for the purpose of statistics and the apportionment of the state school 
fund, docs not, of itself, constitute "general superintendence" or 
"official supervision." 



STATE OF NORTH DAKOTA 211 

Note 6. Under section 778 a person to be qualified to hold the 
office of county superintendent must hold a state certificate or a 
first grade county certificate. Such first grade need not be issued in 
the county in which the county superintendent resides, but muse 
be of legal effect at the time the holder assumes the duties of the 
office. 

Note 7. — The amendment to section 786 passed by the legislature 
of 1899, was declared to be unconstitutional by the supreme court 
.in the case of Plummer vs. Borsheim, 8 N. D. 565, N. W. Rep: 
690. This restores section 786 of the revised codes of 1895, which 
will be found in its proper place. 

Note 8. Section 793, revised codes, does not permit the organi- 
zation of a district when there are twelve or more children of school 
age therein, with the requisite amount of taxable property, as speci- 
fied by section 786, revised codes. 

Note 9. ELECTIONS, TERMS OF OFFICERS.— No va- 
cancy exists to be filled by appointment when. a school board fails 
to hold an election at the time prescribed in article 4 of the gen- 
eral school laws. The officers whose terms expire and whose suc- 
cessors would have to be chosen at a regular election do not vacate 
their office but hold until their successors are duly elected and quali- 
fied agreeably to the provisions of section 797, revised codes. 

Note 10. Section 799 prescribes who is qualified to vote or hold 
office and refers to the following section which embodies section 121 
of the constitution : 

Sec. 479. WHO ENTITLED TO VOTE.— Every male person 
of the age of twenty-one years or upwards, belonging to either of the 
following classes, who shall have resided in the state one year, and 
in the county six months, and in the precinct ninety days next pre- 
ceding any election, shall be a qualified elector at such election : 

First — ^Citizens of the United States. 

Second — Civilized persons of Indian descent who shall have sev- 
ered their tribal relations two years next preceding such election, 
provided, he has complied with the provisions of any law which is 
now or may in the future be in force relating to the registration of 
voters, and all persons possessing the qualifications mentioned in 
this -section, and who have resided in this state one year, shall be 
eligible to any office in this state, except as otherwise provided in the 
constitution ; provided, however, that persons shall vote in the pre- 
cinct where thev reside and not otherwise, except in the case of voters 
otherwise qualified, moving from one voting precinct to another, 
within the same count}^ in which case they shall have a right to vote 
in the precinct from which they move until they have resided ninety 
days in the precinct to which they move. 

Note 11. Section 807 provides for the appointment of a clerk. 

Note 12. Section 808 provides for the regular meetings and 
fixes the salary of each director. No additional compensation is al- 
lowed for special meetings. 



212 GENERAL SCHOOL LAWS 

Note 13. There is no conflict between sections 817 and 905 
relating to a breach of the conditions of a school treasurer's bond. 
Section 770 is merely cumulative prescribing that action against the 
treasurer failing or neglecting to pay over funds belonging to the 
district may be begun by the district school board, or the county 
superintendent or any taxpayer. 

Note 14. SCHOOL PRIVILEGES FOR NON-RESIDENT 
PUPILS. — Under section 824, revised codes, the school board is 
empowered "to admit pupils from other districts when it can be 
done without injury or overcrowding such schools." The board is 
further authorized and empowered to make regulations for their 
admission and payment of tuition. Whether or not any provision 
be made for admission of nonresident pupils is discretionary with 
the board. 

Note 15. SCHOOL HOUSE, LOCATION OF.— A school 
board may not lawfully erect a school house upon public school lands 
unless the board acquires title to the site the same as title would 
be acquired to any other land. 

Note 16. ENUMERATION. — Persons can be enumerated only 
in the district in which they have a legal residence. The legal 
residence of a parent or guardian is the legal residence of the child. 
Wheffe a party resides at two or more different places during the 
same year, it appears by the decisions of various courts that it 
is a privilege of said party to determine which place is his legal resi- 
dence unless he exercises his rights of citizenship, for instance, by 
voting or attending caucus at one place or the other. Such action 
would indicate his real intention. 

Note 17. STATE SCHOOL FUND NOT TO BE USED IN 
SUPPORT OF PRIVATE OR DENOMINATIONAL 
SCHOOLS. — Under section 152 or article 8 of the constitution 
no money raised for the support of public schools of the state shall 
be appropriated or used for the support of any sectarian school. 
There is nothing contained either in the constitution or statutes which 
warrants any other use of the funds than for the support of tbe 
common schools. # 

Note 18. TEACHERS' PERMITS.— A permit to teach must 
not be issued to a person under the age of 18 years. 

Note 19. CERTIFICATES, ISSUANCE OF THIRD GRADE. 
— Under section 875, revised codes, a county superintendent may 
issue a third grade certificate to a party who has taught less than 
fifteen months on a third grade certificate, irrespective of the num- 
ber of third grade certificates that may have been previously issued 
to said party. 

Note 20. TEACHER'S CONTRACT NOT AFFECTED BY 
CHANGE IN ORGANIZATION OF DISTRICT.— A contract 
made and entered into between a general school district and a 



STATE OF NORTH DAKOTA 213 

teacher is not modified by reason of reorganization of said general 
district into a special district during the time for which the contract 
was made, and the district is not relieved from the fulfillment of the 
obligation. 

Note 21. TEACHER'S SALARY WHEN SCHOOL CLOSED 
ON ACCOUNT OF QUARANTINE.— If under the general quar- 
antine regulations a school be closed' in due form, the teacher's 
right to collect pay for the time school was closed is governed by 
the general ■ laws relating to employer and employe. During the 
time said school is closed the teacher is under contract subject to 
the pleasure of the board, and during the existence of such contract 
is unable to be a partv to another. 

Note 22. ' TEACHER'S REPORT AND SALARY.— A teacher 
is entitled to pay at the close of each month's work, except for the 
last month in any term, when the same may be withheld until 
correct reports are made and filed by the teacher, as provided by 
section 881, revised codes. This section does not authorize the with- 
holding of the teacher's wages for any other month in the term. 

Note 23. Section 913 requires the certificate of the county auditor 
in addition to section 187 of the constitution and other statutes as 
to the issue being within the debt limit. These are applicable to 
special and independent districts as well as general districts. 

Note 24. TREASURER'S BOND.— In a special school district 
the treasurer of the city, town or village is treasurer of the board 
of education. By reason of being under bond as treasurer of a 
municipal corporation he is not relieved thereby from giving bond 
as treasurer of said school district, under section 9^68, revised codes. 

Note 25. ALIENS NOT ENTITLED TO A CERTIFICATE 
OR PERMIT. — Under section 875 a county superintendent is for- 
bidden to issue a certificate or permit to teach to any party who is 
not a citizen of the United States unless he has resided in the 
United States one year last prior to the time of such application for 
such certificate or permit. A declaration of citizenship alone does not 
entitle one to either certificate or permit. 

Note 26. Section 1269 provides for the designation of an account- 
ing officer for each public institution and defines his duties. 

Note 27. Sections 6710 and 6711 pertaining to holidays are as 
follows : 

Sec. 5710. HOLIDAYS.— Holidays are every Sunday ; the first 
day of January, which is New Year's day ; the twelfth day of 
Februarv, which is the birthday of Abraham Lincoln ; the twenty- 
second day of February, which is the birthday of George Washing- 
ton ; the fourth day of July, which is the anniversary of the Declara- 
tion of Independence ; the twenty-fifth day of December, which is 
Christmas day ; the thirtieth day of May, which is Memorial day ; 
every day on which an election is held throughout the state, and every 
day appointed by the president of the United States or by the gov- 
ernor of this state for a public fast, thanksgiving or holiday. 



214 GENERAL SCHOOL LAWS 

Sec. 6711. WHEN FOLLOWING DAY HOLIDAY.— If the 
first day of January, twelfth day of February, the twenty-second 
day of February,, the fourth day of July, the thirtieth day of May, 
or the twenty-fifth day of December falls upon a Sunday, the Monday 
following shall be the holiday. 

Note 28. Section 401, relating to bonds by officers, is as follows : 

Sec. 401. Each civil officer elected by the people or appointed 
by the governor or by any other authority, provided by law, ex- 
cept the governor and the officers and members of the legislative 
assembly, judges of the supreme and district courts, county com- 
missioners, court stenographer, the mayor and aldermen in cities, 
the president and trustees in villages, but including township treas- 
urers, clerks, justices of the peace and constables, shall, before en- 
tering on his duties, give a bond conditioned for the faithful and 
impartial discharge of the duties of his office (naming it fully), 
and render a true account of all moneys and property of every kind 
that shall come into his hands as such officer and pay over and deliver 
the same according to law. 

Note 29. Section 403, relating to the approval of bonds, is as 
follows : 

Sec. 403. APPROVAL OF BONDS.— The bonds of all state 
and district officers shall be given to the state, shall be approved 
by the governor as to sufficiency, and by the attorney general as to 
form and such bonds and a duplicate original of the oaths of all such 
officers shall be deposited in the office of the secretary of state. The 
secretary of state shall keep a book in which shall be made a correct 
copy of such bond, which shall be called the "bond record" and, 
when such bonds shall have been recorded they shall be deposited 
with and kept on file in the office of the state treasurer, except the 
bond of the state treasurer, which shall be deposited with and kept 
on file in the office of the state auditor. The secretary of state and 
state treasurer on receipt of such bonds shall issue a receipt therefor 
and such receipt shall be filed in the office of the state auditor. The 
bonds of all county, township and municipal officers shall be given 
to the county ; those of all county and municipal officers under the 
county shall be approved by the states attorney as to form and by 
board of county commissioners as to sufficiency, and such bonds and 
a duplicate original of the oaths of office of all other such officers 
shall be filed with the county auditor, except the bond and oath of 
such auditor, which shall be filed with the clerk of the district court 
for the county or judicial subdivision. The bonds of township offi- 
cers shall be approved by. the chairman of the board of supervisors 
of the township. 

Note 30. The use of lignite coal is made obligatory by the fol- 
lowing section : 



STATE OF NORTH DAKOTA 215 

Sec. 1290. PUBLIC INSTITUTIONS TO USE.— The various 
state institutions, county buildings and public school houses of this 
state shall use for fuel, native or lignite coal, and it shall be unlaw- 
ful for any ofificer to purchase for use in institutions, county buildings, 
and public schools any coal other than that taken from the mines 
within the boundaries of this state; provided, that the comparative 
cost of such fuel is not greater than that of lignite coal. This section 
shall not be construed, however, as prohibiting the use of wood at 
such institutions, county building and public schools, when the cost 
thereof does not exceed that of native coal, or the use of coal other 
than native lignite at such public schools as are located six miles or 
more from any mine or railroad station within ihe boundaries of this 
state ; provided, that the comparative cost of such fuel is not greater 
than that of lignite coal. 

Note 31. Section 433 authorizes the superintendent of public in- 
struction and other state and county officers to appoint deputies 
and prescribes, the manner of appointment. 

Note 32. The oath of office prescribed by Section 211 of the 
constitution is as follows: "I do solemnly swear (or affirm, as the 
case may be) that I will support the constitution of the United 
States and the constitution of the state of North Dakota ; and that 

I will faithfully discharge the duties of the office of 

according to the best of my ability, so help me God" (if under oath), 
(under pains and penalties of perjury), if an affirmation, and no 
other oath, declaration, or test shall be required as a qualification for 
any office or public trust. 

Sec. 408. FIDELITY BONDS.— Whenever any county, town- 
ship, city, village or school district officer, hereafter elected, shall be 
required by law to give or furnish a bond for the faithful perform- 
ance of his duties, such bond may be executed by some responsible 
surety, fidelity, insurance or bonding company, authorized and quali- 
fied to do business within the state of North Dakota, and approved 
by the board of commissioners, trustees, supervisors, council or 
directors charged with the approval of the same ; the premium for 
such bond shall be audited by such board and paid out of the general 
fund of the county, township, city or school district, as the case 
may be, for whose benefit the same is given. 

This act shall not affect the provisions of section 343a of the re- 
vised codes relating to county treasurers, nor the furnishing of a 
personal bond by any ofilcer as may be provided for by any existing 
law. 



216 GENERAL SCHOOL LAWS 



APPENDIX E 



SCHOOL CALENDAR. 
January. 

First Monday (ocM numbered years) — Terms of office of state 
superintendent begin. 

Second Tuesday — Regular meeting of district school board. 

February. 
Third Monday — Apportionment of state tuition fund. 

March. 
Second Friday — County examination for teachers. 

April. 
Second Tuesday — Regular meeting of district school board. 

May. 
Last Friday — County examination for teachers. 
Third Monday — Apportionment of state tuition fund. 

June. 

District clerks to take enumeration before June 20. 

At least fifteen days before first Tuesday — District school board 
designates polling places and causes three notices of election to be 
posted. 

First Tuesday — Annual school election at 2 p. m. 

Within five days after annual election — Clerk to furnish each per- 
son elected with a written notice of election. 

Within ten days after annual election — District clerk forwards to 
county superintendent a certified list of all officers elected. 

Third Tuesday — Annual election in special districts. 

Thirtieth — School year ends. 

July. 

1st. — School year begins. 

1st — Assessor furnishes school district clerk, county superintend- 
ent and auditor the amount of assessed valuation. 

Second Tuesday — Regular meeting of district school board. 

Second Tuesday — District school board organizes and elects a pres- 
ident and clerk. 

Second Tuesday (on or before) — School treasurer gives bond and 
qualifies. 



STATE OF NORTH DAKOTA 217 

Before 20th — District school board and board of education levy 
tax. 

Immediately thereafter — District clerk and clerk of board of edu- 
cation notify county auditor the amount levied. Section 721 and 801. 

August. 
Third Monday — Apportionment of state tuition fund. Section 711. 
Last Friday — County examination for teachers. 

October. 
Second Tuesday — Regular meeting- of the district school board. 
Last Friday — ^County examination for teachers. 

November. 

1st — (On or before in even numbered years) — Superintendent 
makes report to governor. 

First Tuesday after first Monday (in even numbered years) — 
Election of superintendent and county superintendent. 

Third Monday — Apportionment of state tuition fund. 

December. 

1st — Special and independent districts make enumeration of 
school children in the district. 

Before 20th — District clerk and clerk of board of education for- 
ward to county superintendent enumeration of school children. 

31st (On or before in even numbered years) — The report of the 
state superintendent is printed. 



appe:ndix p 



rules and forms pertaining to opinions^ decisions and appeals. 

See sections 629, 644 and 645. 

Decisions by the superintendent of public instruction will be 
given only when appeals are made in due form from decisions of 
county superintendents of schools. 

Appeals must be made through the office of county superintendent, 
and in the form prescribed by this office. 

The county superintendent will transmit an appeal, with a copy 
of the decision from which it is taken, to this office, with all papers 
and all the testimony offered by parties interested and upon which his 
decision is based, and he will state any further information he may 
(possess which has affected his decision. To all of which he shall 
attach his certificate and official seal. 

All appeals from decisions of school boards to county superin- 
tendents must be taken within sixty days. 



218 GENERAL SCHOOL LAWS 

All appeals ft-om decisions of county superintendents to the super- 
intendent of public instruction must be taken within ninety days. 

In all proceedings relating to the revocation of teachers' certifi- 
cates the charge must be made in writing and verified the same 
as pleadings in district courts. Such charges must be filed with 
the county superintendent, and a copy of the same served personal- 
ly on the party against whom such charges are made, not less than 
fifteen days before the day set for official investigation of such 
charges. 

All allegations must be verified by oath, and all petitions must 
be accompaned by affidavits to the effect that the petitioners con- 
stitute such a portion of the community affected, as is required by 
law. 

Opinions as to the meaning and application of the law in all school 
matters should be first sought from the county superintendent. 
County superintendents submitting questions to this office upon the 
meaning and administration of the law, or seeking advice of any kind 
relating to their official business, will be answered cheerfully and as 
promptly as the business of the office will permit. 

Note— County superintendents have no jurisdiction in imposing 
fines, or in removing school district officers from office. 

In case of appeal to the county superintendent against the action 
of the district school board, the appellant shall use substantially 
the following form : 

AFFIDAVIT OF APPEAL. 

STATE OF NORTH DAKOTA, 



ss. 
Countv of . 



vs. 

School District 

I, being duly sv/orn, on oath say : that 

on the day of , A. D. 190. ., the 

school board of said school district rendered a decision (or made 
an order) whereby (here state facts, affiant's interest in the 
decision, and the jury to that interest) ; that the school board in 
rendering the decision (or making the order) aforesaid, committed 
errors as follows. (Here state errors charged.) 



STATE OF NORTH DAKOTA 219 

Subscribed and sworn to, by , before me 

this day of A. D. 190. . . 



NOTICE TO CLERK OF APPEAL. 

STATE OF NORTH DAKOTA, j 

V ss. 
County of ) 

vs. 

School District 

Clerk of the School Board of , School Dis- 
trict You are hereby notified that 

has filed in my office an affidavit alleging- that said school board, 

on the day of , A. D. 190 . . , made 

a decision (or order) whereby (here, describe the decision or order 
so that the clerk may identify it) and claiming an appeal there- 
from. You are hereby required within ten days after receiving 
this notice, to file a complete transcript of the proceedings of the 
school board relating to said order together with copies of all papers 
filed with you pertaining to said action aippealed from. 

County Superintendent of Schools for County. 

Dated at this d'ay of , A. 

D. 190... 

In response to the above notice the clerk of the district school 
board will make a transcript, being an exact copy of that portion 
of the records of the proceedings of the meetings relating to the 
action appealed from, with the date of the several meetings, and 
an exact copy of each petition, remonstrance, plat or other paper 
relating to said action, submitted to the board. 

To the transcript thus made the district clerk will certify as 
follows and forward the whole to the county superintendent : 



220 GENERAL SCHOOL LAWS 

STATE OF NORTH DAKOTA, ) 

[ ss. 
County of . • • ' • ) 

I^ , Clerk of the School Board of 

School District , County of 

! , State of North Dakota, hereby certify that the fore- 
going- is a correct and complete transcript of the record of all 
proceedings of the School Board, and of all papers filed relating 
to the case vs School District 



District Clerk. 
Dated at this day of , A. 

D. 190... 

On receipt of the certified transcript, as above, the county sup- 
erintendent will notify the appellant, the chairman and clerk of 
the district school board, and other persons known to be inter- 
ested, as follows : 

NOTICE OF HEARING OP APPEAL. 

STATE OF NORTH DAKOTA, ) 

V ss. 
County of ) 



School District 

To 

You are hereby notified that there is on file in this office a tran- 
script of the proceedings of the school board of school 

district , had at a meeting held on the .... day of 

A. D. 190 . . . , in relation to (here describe the decision or order ap^ 
pealed from) from which appeal has been taken; and the appeal 

will be heard before me at in said county, on the 

day of , A. D. 190 . . , at . . a'clock . . m. 



County Superintendent of Schools for County, 



STATE OF NORTH DAKOTA 221 

Dated at this day of , A. 

D. 190... 

The date of filing of every paper should be endorsed thereon; 
also, in the case of motions, all orders and rulings of the county 
superintendent. All oral motions and evidence should be reduced 
to writing. 

In case of appeal from the decision of county superintendent, 
a transcript should be made consisting of a literal copy of every 
paper filed, and all endorsements thereon, together with all evi- 
dence given; the whole arranged in chronological order and clos- 
ing with the decision of the county superintendent in full. The 
following certificate should be annexed thereto, and the whole trans- 
mitted to the superintendent of public instruction : 

COUNTY SUPER! NTENDENT''S CERTIFICATE OF TRANSCRIPT, 

STATE OF NORTH DAKOTA, ) 

>• ss. 
County of ) 

I, , County Superintendent of Schools 

for County, State of North Dakota, hereby certify 

that the foregoing is a correct and complete transcript of the record 

of all the proceedings had, evidence given, and papers filed in my 

office, and my ruling thereon ; also my decision in the case of 

". vs Scihool District 



County Superintendent of Schools for County. 

Dated at this day of , A. 

D. 190... 



APPENDIX G 



EDUCATIONAL DIRECTORY. 

Superintendent of Public Instruction — Walter L. Stockwell. 

Deputy — Edwin J. Taylor. 

University of North Dakota, Grand Forks ; Established 1883 ; 

Opened 1884. 
Webster Merrifield, President. 



222 GENERAL SCHOOL LAWS 



Agricultural College, Fargo, Established 1890 ; Opened 1890. 
John H. Worst, President. 

Normal School, Valley City; Established 1890; Opened 1893. 
George A. McFarland, President. 

Normal School, Mayville; Established 1890; Opened 1893. 
W. M. Kern, President. 

Academy of Science, Wahpeton; Established 1890; Opened 1903. 
Earl G. Burch, President. 

School for Deaf and Dumb, Devils Lake ; Established 1890 ; 

Opened 1890. 
DwiGHT F. Bangs, Principal. 

Reform School, Mandan ; Established 1890 ; Opened 1902. 
J. W. Brown, Superintendent. 

School of Forestry at Bottineau; Established 1907. 
J. A. Kemp, President. 

School for Feeble Minded at Grafton ; EstabHshed 1890. 
Dr. La Moure, Superintendent. 

High School Board — All members ex-officio — John Burke, Gov- 
ernor; W. L. Stockwell, Superintendent of Public Instruction; 
Webster Merrifield, President University of North Dakota. 

Board of University and School Lands — All members ex-ofificio — 
President, John Burke, Governor; Vice President, Alfred 
Blaisdell, Secretary of State ; Secretary, W. L. Stockwell, 
Supt. Public Instruction ; H. L. Holmes, State Auditor ; T. F. 
McCue, Attorney General. 

Land Commissioner — O. I. Hegge; Deputy, W. E. Coates. 



INDEX 



INDEX 



ACADEMY OF SCIENCE— Section. Page. 

Board of trustees 1093 144 

appointment of 1094 144 

compensation 1097 145 

meetings 1094 144 

powers 1095 145 

prescribe conditions of admission 1096 145 

quorum 1099 145 

records open to inspection 1099 14B 

Instructors, from what fund paid 1097 145 

Location 1092 144 

Object 1092 144 

State treasurer custodian of funds 1098 145 

Tuition or fees, how used 1098 145 

ACCOUNTS— 

County treasurer to keep with school districts .' 852 59 

Form of, for district treasurer 850 57 

ACTIONS— 

Brought in name of the state 899 80 

Child labor, employment of, who may bring 899 79 

Compulsory laws, for violation of 895 78 

District treasurer failing to pay over money 905 81 

Who may institute 817 42 

For trespass on public lands 215 192 

On school treasurer's bond 817 42 

States attorney to prosecute 896 78 

Adjacent territory, how attached 949 , 95 

ADJUTANT GENERAI^ 

Loan of muskets to university 1061 137 

Return of muskets to state 1062 137 

ADVERTISING— 

(See contracts; school and public lands.) 

Proposal for building school houses 918 86 

AGE— 

Compulsory attendance 894 77 

Deaf and feeble-minded 894 77 

Requisite for county certificate 875 69 

for first grade certificate 875 4fi 69 

for normal certificate 871 67 

School Laws — 15 



226 INDEX 

AGENT— Section. Page. 
(See commissioner of university and school lands.) 

AGRICULTURAL COLLEGE— 

Board of Trustees — ■ 

annual report to governor 1111 148 

appointment 1102 146 

biennial report 1127 151 

commission issued to 1103 140 

compensation ; • ■ . ■ 1104 147 

degrees, may confer 1112 149 

duties as to funds 1105 147 

instructors to employ 1105 147 

may remove 1107 148 

manage institution 1101 146 

meetings 1104 147 

oath of office 1103 146 

organization ■ 1103 146 

quorum •• 1103 146 

report to commissioner of agriculture 1111 14'8 

salaries shall fix 1107 14l5 

superintendent of construction 1105 147 

treasurer, bond 1103 146 

bond required 1114 149 

vacancies 1102 146 

Course of study 1106 147 

Degrees may be conferred 1112 149 

Faculty, report annually to trustees 1110 148 

rules may be adopted by 1108 148 

Geological survey (see sections 1121-1132) 149-150-151 

President, duties of 1109 148 

Rents, penalties, etc., from lands 842 53 

ALIENS— 

See Appendix D, Note 25) - , - ■ • 211 

Teacher's certificate not granted to 875 69 

ANNEXATION— 

County commissioners may annex districts when 788, 789 31 

(APPEALS— 
Applicants for teacher's certificate may appeal, when and 

how 874 68 

From decision of county superintendent, how taken. . 770 25 

taken 770 25 

Superintendent of public instruction shall decide 754 21 

Pi^tice, state superintendent shall prescribe 754 21 



INDEX 227 

APPORTIONMENT— Section. Page. 

Basis of '. 848 56 

County tuition fund, county superintendent makes 855 GO 

State tuition fund, county superintendent makes 773 20 

state superintendent makes, when 844 53 

withheld, when 835, 847 50-55 

APPRAISAL-^ 

(See county board of appraisal) 1G7 175 

APPROPRIATIONS— 

Board of university and school lands 230 197 

Expenses of leasing school lands 228 196 

Institute fund 891 75 

Interest due on investments 162 173 

Libraries '. 750 20 

State high schools 1034 120 

Traveling expenses, state superintendent 763 23 

ARBITRATION— 

(See board of arbitration) 804 64 

ASSESSORS— 

County superintendent to furnish with maps of school. 

districts 769 25 

Examine state lands . 197 18^J 

Compensation therefor 197 186 

Furnish statement of valuation 857 62 

ASSESSMENT— 
(See taxes.) 

ATTENDANCE— 
(See truant officer.) 

Compulsory age for 894 77 

Length of time 894 77 

Who exempt 894 77 

Penalty for failure to comply with law 895 78 

For failure of officer to enforce law 896 78 

ATTORNEY GENERAL— 

To collect past due accounts 159 172 

BALLOTS— 

Form of, election to divide district and for special district. 941 93 

BANKS— 

Designated as depositories, how...: 921,922 87 



228 INDEX 

BIBLE— Section. Page. 

Not to be excluded from schools as a sectarian book 888 74 

BLANKS— 

County superintendent to distribute 767 24 

State superintendent to prepare 750 20 

BLIND— 

Enumeration of 835 50 

BLIND ASYLUM— 

Board of trustees adopt rules and regulations 1157 158 

appointed, how and when 1153 157 

bond of treasurer..., 1154 157 

care of funds 1157 158 

compensation 1155 158 

instructors, appointed by 1157 158 

meetings, when, where, number 1155 168 

organization of 1154 157 

quorum of • 1154 157 

reports, when and to whom made 1158 159 

vacancies, how filled 1161 159 

erection of buildings 1157 158 

instruction of blind children outside of state, governor to 

contract for 1159 159 

Land grant, proceeds, how to be used 1156 158 

Location of 1152 157 

and government 1152 157 

BOARD OF adjusters- 
How composed 858 62 

Levy taxes, when 858 62 

BOARD OF APPRAISAL— 

(See county board of appraisal) 165 175 

BOARD OF ARBITRATION— 

Appointment of 864 64 

County superintendent and county treasurer members of. . 864 64 

Duties : 865 64 

Taxes levied by 866 64 

Collection of 867 65 

BOARD OF EDUCATION— 

Acquire and dispose of property 960 (4) 98 

Annual school tax 964 100 

Assumes control, when 969 102 

Census, must take 960(15) 100 



INDEX 229 

BOARD OF EDUCATION— Continued— Section. Page. 

Clerk 957 98 

duties of 959 98 

Compensation, none 955 97 

Contracts, not to be interested in 955 97 

how let 965 101 

Corporate name 950 96 

Disposal of school property 957 96 

Election of 953 97 

Canvass of returns 975 104 

' Certificate of election 976 104 

Organization of election board 974 103 

Precincts and officers 974 103 

Establish free schools 960 (1) 98 

And maintain high schools 960 (3) 98 

Expenses of board and clerk 960(10) 99 

•Grading and government of pupils 960 (11) 99 

Have custody of all school property 960 (7) 99 

Interest coupons, payment of 985 108 

Investment of sinking funds in mortgages 983 106 

Maintain and discontinue schools 960 (2) 98 

Meetings 956 97 

•Oath of office 978 104 

Officers and organization 957 98 

Powers and duties 960 98 

President, duties of 958 98 

'Quorum 954 97 

Records 959 98 

lieport, must publish 960 (13) - 98 

when and to whom made 960 (13) 98 

Tiesolution to provide for tax levy for interest and sinking 

fund 982 106 

E-ules and regulations, to make 960 (11) 98 

School houses, to buy or build 960 (4) (5) 98 

Schools, under, whose superintendence. 962 100 

Sinking fund, investment of 983 106 

Superintendent, to empl6y 960 (9) 98 

Surplus funds, disposal of 991 109 

Suspension of pupils 960(11) 98 

Tax levy to pay interest and sinking fund 982 106 

Teachers, duties as to 960(8) 98 

relative of board not to be 960 (8) 98 

Treasurer, custodian of funds 961 100 

who is 966 101 

duties of 967 . 101 

Vacancies 977 104 

Visit schools 960(12) 98 



230 INDEX 

BOARD OF EDUCATION— Continued— Section. Page. 

Independent district, annual meeting 999 113 

compensation 1000 113 

contracts, not to be interested in , 1000 113- 

election of 997 111 

canvass of votes 997 111 

expenditures must not exceed revenues 1013 117 

general powers enumerated 1010 115 

how elected 996 110 

may admit non-resident pupils 1012 117 

member at large 996 110 

member, penalty for refusal to act 1018 119" 

meetings 1001 112 

officers 999 113 

quorum 996 110 

real estate , how conveyed 1015 117 

secretary of 1002 113' 

shall notify members-elect 1018 118 

style and powers 999 112 

taxes, powers of board 1003 113' 

vacancies 998 112' 

visit schools 1011 117' 

Special district — • 

elections in, notice of 971, 972 103 

form of 973 103' 

non-resident pupils, admission of 960(14) 100' 

under special act, election of 1020 119 

officers of old district hold over 1025 120 

qualifications 1020 119' 

relations of, may not be teachers 1023 119 

term of office 1021 119' 

BOARD OF UNIVERSITY AND SCHOOL LANDS— 

Agent of 153 169 

title and qualifications 153 169 

appropriation for expenses 230 197 

Approval of lease 210 191 

of sale 174 178 

Assignment of securities 159 172' 

Contracts, discretion as to voiding 184 181 

Equalizing appraisements 204 188 

How constituted 152 169 

Incidental expenses, how paid 161 173 

Investment of school fund 155 170 

of permanent funds 160 172* 



as to hay and timber 214 



Debt limit. 



interest on. 



912 



INDEX 231 

BOARD OF UNIVERSITY AND SCHOOL LANDS— Continued- 
Section. Page. 

Lease, approval of 210 191 

of school lands 202 187 

notice of, how given 206 189 

lands when leased 210 191 

for coal mining 216 

Meetings and quorum 1^4 

Member must act personally 152 

Names of members (Appendix G.) 

Officers 1^2 

of whom composed ^^-' 

Powers -•• 153 169 

192 



193 
170 
169 
222 
169 
169 



156 171 

178 
178 



169 
171 



Records 

Sales, approval of 1 "^ 

lands may be withdrawn • I'^S 

Securities , assignment of 159 172 

Selection of lands for lease 205 189 

Shall have full control of school and public lands 153 

State treasurer custodian of funds 157 

Subdivision of land I'^S 179 

Surveys, may order 1'' ^'^ 

BONDS, MUNICIPAL— 

Cancellation, record of 917 86 

Certificate of county auditor 913 



981 106 



Decisions of supreme court 203 209 

Denomination of 912, 2989 83-200 

Description of 913 83 

Division of indebtedness 946 94 

Election for issue of, by board of education 980 

Execution of, by board of education .2991 

How issued 91o 

How secured • 9od 

Indebtedness, for what incurred 2979 199 

limit of..... -• 2979 199 

Independent school districts — 

authority to issue 1006 114 

must show what 1006 114 

interest fund : 3000 201 



105 

201 

83 

108 



issue limited 91-. o6 

when taxes insufficient 9^9 104 

limit of issue 91'-. oo 

may issue for school houses already built 919 87 



232 INDEX 

BONDS, MUNICIPAL— Continued— Section. Page. 

negotiated , how 915 85 

refund of 2988 200 

refunding, issuance of 988 109 

law governing 990 109 

may be exchanged 989 109 

register of 913 83 

what to show 987 106 

school board may purchase 914 84 

sinking fund 8001 202 

and interest, tax levy for 914 84 

special district and school district to pay 947 95 

surplus fund, disposal of 991 109 

what must specify 981 100 

BONDS, MUNICIPAL— REFUNDING— 

Issue Hmited 2998 130 

Necessity, determined by board 2993 129 

Negotiable, when 2999 130 

Proceeds used only for purposes for which issued 2995 130 

School boards may issue. 2994 129 

School districts may refund bonds 2992 129 

Sinking fund 2997 130 

Treasurer to keep register 2996 130 

BONDS— OFFICIAL— 

(Notes 28, 29, Appendix D) 214 

Action on school treasurer's 905 81 

Bank, must give as depository 923 88 

Board of education 968 101 

City treasurer as treasurer of independent district 1008 115 

Contractors must give 918 86 

For labor and material for public buildings 6252 202 

Sureties 6254 202 

Where filed 6255 203 

County auditor to furnish blanks 409 199 

County treasurer's bond, conditions of 193 184 

Decisions of supreme court (Appendix C.) 203 

School treasurer (Notes 13 and 24, Appendix D.) 212-213 

same 811 40 

additional, when required 812 40 

action on 817 42 

Treasurer agricultural college 1103 146 

same 1114 149 

blind asylum 1154 157 

Trustees industrial school 1176 164 



INDEX 233 

BONDS— OFFICIAL— Continued— Section. Page. 

Surety company 813 40 

same (Appendix D) 408 215 

Where filed 817 42 

BOOKS— 

Free text ' 1028 122 

list for libraries, state superintendent to furnish 750 20 

BOUNDARIES— 

Conformity with congressional townships 786 30 

County commissioners may re-arrange 786, 792 30-32 

How changed 793 33 

Independent school district 995 110 

new districts 787 30 

no change in 785 30 

humane treatment of animals to be taught 884 73 

school board may adopt additional 826 45 

teachers examined in what 874 68 

BRIGHTWOOD SCHOOL TOWNSHIP— 

Special law (Appendix A.) 198 

Budge, William, life member board of trustees of univer- 
sity 1041 131 

CALENDAR— 

School (Appendix C.).... 216 

CENSUS— 

Board of education may take r 960 (15) 100 

Enumeration (Note 16, Appendix D.) 212 

how made and when 835 50 

reports, to whom sent 835 6' 

CERTIFICATES— 

(See examinations and certificates). 

CHILD LABOR— 

Penalty for • 898 79 

Prohibited when 897 79 

Prosecution for 899 79 

CITY COUNCIL— 

Ordinances as to property of independent districts 1017 113 

CITY TREASURER— 

Bond of 1008 115 

Funds of independent district to be paid to 1007 115 



234 INDEX 

CLERK OF SCHOOL DISTRICT— Section. Page, 
(See district clerk). 

COAL LANDS— 

Leasing of 216 193 

COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS— 

Appointment of 153 169 

Bond records 166 174 

Cultivated lands, may lease 203 188 

Custodian of records .' 198 - 186 

Deputy 165 173 

Fees of 229 196 

Furnish county treasurer list of lands sold. . . 196 185 

Leasing, how conducted 207 189 

•by whom made 207 189 

Powers and duties 166 173 

Quarterly statement of funds 166 175 

Records 166 174 

public ' 166 175 

Report ... 166 174 

Salary 164 173 

Sale of lands, by whom conducted 170 177 

Seal -. 166 174 

Selection and sale of lands 168 176 

Subdivision of lands 178 178 

Term of 163 173 

Vacancy 163 173 

COMPULSORY EDUCATION— 
(See truant officer.) 

Defectives 894 77 

Exceptions 894 77 

Penalty for neglect 895 78 

Prosecutions 896 78 

What children must attend school •. 894 77 

CONTRACTORS— 

Bond, must furnish 918, 6252 86-202 

how executed 6254 202 

where filed 6255 203 

CONTRACTS— . ~ 

Advertised for 909 81 

Decisions of supreme court (Appendix C) 205 

How let 965 ' 101 

by board of education 965 101 



INDEX 235 

CONTRACTS— Continued— Section. Page. 

Officer must not be interested in „ 902 80 

Of irregular district ratified 796 35 

Proposals for 909 81 

School board must not be interested in lOOO 112 

Teachers, must be in writing 823 44 

when void 876 70 

CONVEYANCE— 

Of real estate 1015 117 

CORPORATION— 

School district is " 794 34 

COUNTY AUDITOR— 

Certificate on bonds 913 84 

Clerk of sale of school lands 174 178 

Compensation 174 178 

Clerk of leasing : 207 190 

Duty as to levy for state institutions as to school bonds. . . . 913 83 

as to taxes of independent district 1004 113 

Levy tax to pay bonds 916 86 

Publish notice of sale of school lands 109 176 

Returns to land commissioner 195 185 

To furnish blank bonds 409 199 

To furnish school district plats 795 34 

COUNTY BOARD OF APPRAISERS— 

Appraise school lands 167 175 

Appraise lands for leasing 204 188 

Compensation 167, 204 170-188 

How constituted and duties ' 157 13 

Of whom composed 167 175 

COUNTY COMMISSIONERS— 

Appropriations in aid of county institutes 893 77 

Duty as to feeble-minded 1168 161 

as to organization of school district 787 30 

Formation of new districts 786 30 

May rearrange territory, when ^ 786 30 

COUNTY SUPERINTENDENT— 

Acknowledgements, power to take (Note 4, Appendix D) 210 

Action on district treasurer's bond 817 42 

Advise and direct teachers 766 24 

Apportion state funds 773 26 

Assessors, furnish with plats 769 25 



236 INDEX 

COUNTY SUPERINTENDENT— Continued Section. Page. 

Bond of (Note 2, Appendix D) .... 210 

Carry into effect instructions of state superintendent 767 24 

Conference with state superintendent 757 21 

Convene teachers 767 24 

Decide questions of school law 770 25 

Decisions of supreme court (Appendix C) 206 

Deputy, may appoint 777 28 

Duties as to school elections 798 35 

Election of 764 23 

Who may vote for 764 24 

Elections , duties as to 798 36 

to form special district, must call 939 92 

to elect officers for special district, must call 944 94 

to divide district, must notify whom of result 942 94 

Examinations of teachers by 873 68 

papers sent to state superintendent 873 68 

Eunds, apportionment of : .; 773 26 

state tuition fund 848 56 

notice to district treasurer of apportionment 848 57 

payment not authorized unless treasurer's bond filed.... 847 56 

General duties 765 24 

Institute fund , how raised 772 26 

statement of 890 75 

use of 772 26 

Instruct officers in record keeping 769 25 

Meet with school officers 769 25 

Notify clerk and county auditor of appointments to fill va- 
cancies 861 63 

district treasurers of apportionment 848 57 

Not to be absent from county 780 29 

to have any other business 780 29 

to teach 779 29 

Oaths, may administer, when 771 26 

■Office rent, postage, etc 776 27 

Officers, instruct in record keeping 769 25 

meet with 769 25 

Permits to teach 874 69 

Plats, furnish assessors with 769 25 

Qualifications 778 28 

Same (Note 6, Appendix D) •. 210 

Records of 768 25 

Removal of, when 781 29 

Report to state superintedent 775 26 

Salary and how determined 777 27 



INDEX 237 

COUNTY SUPERINTENDENT— Continued Section, Page, 

Salary and how determined (Note 5, Appendix D) 210 

withheld until report is filed 775 27 

School law, decide question of 770 25 

Seal of 768 25 

Special districts, call election to form 939 93 

State funds, apportionment of ; 773 26 

Tuition fund, apportionment of 848 56 

withheld when 847 55-56 

Teach, must not 779, 782 29 

Teachers, advise and direct 766 24 

convene for instruction 767 24 

certificate , may revoke 774 26 

notice of revocation published 878 71 

when 878 71 

permits to teach 874 69 

Teachers' institutes, consult with state superintendent.... 892 76 

notice of 885 73 

Term of office 764 23 

Vacancy 860 63 

Visit schools 766 24 

Who may not vote for 764 24 

COUNTY TREASURER— 

Accounts with school districts 852 59 

, Bond, conditions of 193 1^4 

Duty as to payments on school lands 192 184 

Fees on collections on land conj:racts ,, 194 185 

Notify clerk of payments made to district treasurer 851 59 

To collect fees . 229 196 

When" to pay funds to district treasurer. 851 58 

COURSE OF STUDY— 

In common schools 883 72 

DEAF AND DUMB ASYLUM— 

(See school for deaf and dumb) 1133 152 

DEFECTIVES— 

Compulsory education of 894 77 

DEPOSITORIES— 

Board designates 921 87 

Bonds of depository 922 88-89 

Additional when 923 89 

Time deposits -. 926 90 

Checks , how signed 932 91 

Equal balances 925 89 



238 INDEX 

DEPOSITORIES— Continued— Section. Page. 

Funds to be deposited 920 87 

Highest bid accepted 923 88 

How selected 927 90 

Interest 931 91 

four per cent limit .-... 928 90 

Minimum amount 935 92 

Monthly statement -931 91 

More than one 925 89 

Penalty for violation 936 92 

Proposals for deposit 923 ^ 88 

Time deposit , when 926 90 

Treasurer exempt from liability 934 92 

Where there is one bank or no bank 933 91 

When bids not required 933 91 

DEPOSITORIES— SPECIAL DISTRICTS— 

Bond of 983 107 

How established 983 106 

School board may designate 914 85 

Statement, must furnish when 914 85 

DEPUTIES-^ 

Appointment of (Note 31, Appendix D) 215 

County superintendent, salary of 777 27 

DIRECTORY, EDUCATIONAL— 

Names of officers (Appendix G) : 221 

DISTRICT CLERK— 

Appointment of 807 38 

Same (Note 11, Appendix D) 211 

Census •■ 835 50 

Compensation 810 39 

Duties 810 39 

as to bond issue 913 82 

False reports , penalty for 907 81 

Notify county auditor of tax levy 854, 827 60-45 

persons elected on school board 804 38 

also county superintendent 804 38 

Post notices of election 798 36 

Qualifications (Note 11, Appendix D) 211 

Records open to public 836 51 

Tax levy, notify county auditor 854, 827 60-45 

Vacancy, how filled 862 63 



INDEX 239 

DISTRICT HIGH SCHOOLS— Section. Page. 

Adj acent districts may unite 634 49 

Course of study , 834 50 

How established 834 49 

Length of term 834 49 

EDUCATIONAL ASoUCIATION— 

State superintendent to publish proceedings 762 23 

distribution of 762 23 

EDUCATIONAL DIRECTORY— 

Names of officers (Appendix G) 221 

ELECTIONS— 

Board, how constituted 802 37 

By secret ballot 129 11 

Canvass 803 37 

Certificate of election 80* 38 

Conduct of 803 37 

District officers, when elected 797 35 

For district high school 834 49 

school sites 834 49 

Notice of 801 36 

Form of 798, 801 36-37 

Of county superintendents 764 23 

Officers, county superintendent to appoint , 798 35 

oath of 802 37 

Polls open, hours 800 36 

Polling places, county superintendent to fix 798 35 

Question of conveying pupils 832 48 

Term of office (Note 9, Appendix D) 211 

Tie , how determined 803 38 

Vacancy in board 802 37 

Who may vote 799 36 

ELECTIONS FOR BONDS— 

General statutes 2980 200 

To issue 910 82 

ballots 911 > 82 

Called on petition 911 83 

Notice of 911 82 

By board of education 980 105 

Board of education 953 97 

Canvass of returns 975 104 

Certificate of election 976 104 

Election precincts and officers 974 103 

Organization of election board • 974 103 



240 



INDEX 



ELECTIONS FOR BONDS— Continued— Section. Page. 

In independent districts 992 109 

Ballots, form of 994 110 

Conduct ot 997 111 

Compensation of election board 997 111 

Notice of 993 110 

Special district, organization of 952 96 

ballots, form of 941 93 

conduct of 940 93 

notice of 940 93 

Special district, board of education 971 103 

notice of 972 103 

form of 973 103 

Under special act : 

board of education 1020 119 

how conducted 1022 1 19 

EMBEZZLEMENT— 

What is 904 80 

EMINENT DOMAIN— 

Exercise of 830 47 

ENGLISH LANGUAGE— 

To be used exclusively 837 " 51 

EQUALIZATION OF INDEBTEDNESS— 

By board of education 1026 121 

Of independent district under special act 969 102 

EVIDENCE— 

Transcript from clerk's record is prima facie 959 98 

EXAMINATION AND CERTIFICATES— 

Examination of teachers 869 65 

by county superintendents 873 68 

Fee for certificate 87^, 875, 876 67-70 

Certificate, to whom granted 875 69 

to whom not granted 875 69 

where valid 875 70 

revocation , when : 877 70 

how revoked 872 67 

procedure 878 71 

fact of revocation published, when 878 71 

university graduates entitled to 1054 135 

normal certificates, who entitled to 871 66 

professional certificates, how obtained 870 G6 



INDEX 241 

EXAMINATION AND CERTIFICATES— Continued- 
Section. Page. 

Grades, how established 874 68 

Permits to teach 874 69 

Questions to be prepared by state superintendent 751 20 

Re-examination 874 69 

Special in music, drawing, kindergarten, etc 871 67. 

EXPENDITURES— 

Not to exceed revenues 1013 IIT 

FARGO, CITY OF— 

Independent district (Appendix A) • 198 

FEEBLE-MINDED— 

Compulsory education 894 77 

Enumeration of 835 50 

FINES AND PENALTIES— 

Breaking leased school lands , 212 191 

Child labor 898 79, 

Compulsory education 897, 898 . 79 

Disturbing schools 906 81 

Embezzlement of funds 904 80 

Failure to display flag 1029 122 

to endorse unpaid warrants 906 81 

to make reports 377 198 

False reports 772 81 

Falsifying election returns 901 80 

Mining without a lease 223 194 

Neglect of duty by a school officer 900 80 

Officer being interested in contract 902 80 

Refusing to act as member of board of education 1018 119 

. Speculation in office 9402 203 

Trespass on public lands 224 195> 

Trustee of industrial school interested in contract 1177 165 

Under city ordinances 1017 118 

Unlawfully drawing school money ' 903 , 80 

FLAG— 

(See United States Flag) 1029 122' 

FORESTRY, SCHOOL OF— 

(See school of forestry) 1231 167 

School Laws— 16 



242 INDEX 

FREE TEXT BOOKS— ' Section. Page. 

Contract for, time limit 1027 121 

Price lists, publishers must file 1027 121 

Provided, when 1028 128 

Publishers must deposit samples 1027 121 

School board has authority to adopt and supply 1027 121 

GENERAL SCHOOL FUND— 

Of what composed 199 186 

Damages for trespass belong to 226 196 

GEOLOGICAL SURVEY— 
(See pages 137-139). 

Appropriation for 1070 139 

Duty of trustees of university 1068 138 

Trustees of university shall cause to be made 1063 137 

GOVERNOR— 
Ex-officio member of board of management of normal 

schools 1077 140 

of high school board 1031 125 

HAY— • 

• Permits from board of university and school lands 214 192 

When it may be cut 213 192 

HEALTH AND DECENCY— 

Duties of school board as to 1038 128 

HIGH SCHOOLS— 

Board of education to establish and maintain 960 (3) 98 

HIGH SCHOOL BOARD— 

Amount paid to classified schools 1034 126 

Appropriation for aid , 1034 126 

Appropriation limited 1035 127 

Examination of students for admission 1032 125 

Funds pro rated if appropriation is insufficient 1034 127 

Members to serve without pay 1035 127 

must visit schools or designate some one to visit 1034 126 

names of Appendix G 222 

Of whom composed 1031 125 

Powers of 1036 127 

Records "of 1037 127 

Requirements for classification . 1033 125 

What schools entitled to be classified 1032 125 

HITCHING POSTS— 

Board must provide four ! . 1039 128 



INDEX 243, 

HOLIDAYS-- Section. Page., 

No school on...... :.. 882 72 

What are (Note 27, Appendix D) 213 

ILLITERACY— 

Legislature to prevent 151 12 

INDEBTEDNESS— 

Bonds to pay outstanding 910 82 

Equalization of 864 64 

by board of education 969 1 02 

INDEPENDENT SCHOOL DISTRICTS— 

Bonds, authority to issue ;..... 1006 114 ■ 

Boundaries of .995 110 

Debts of old districts, new to assume 1019 119 

Election of board of education 992 109 

Funds of, paid to city treasurer 1007 115 

how kept, and paid out 1009 . | f , 115 

Health and decency, duty of board as to 1038 128 

How organized 992 110 

Name of '' ^^'S 110 

Special laws (Appendix A).... ' 198 

Taxes, limitation 1005 114 

Title to property is in district 1014 117 

Treasurer, report of, when 1016 118 

contents of i0l6 118 

Under special law, abolished 1024 120 

equalization of debts and assets 1026 121 

INDUSTRIAL SCHOOL— 

Board of trustees, appointment of 1174 163 

bond 1176 164 

compensation 1175 164 

disposition of funds, shall direct ..1178 166 

meetings, when, where, number 1175 163 

not to be interested in contracts 1175 165 

, oath of 1176^ 164 

organization ' 1175 164 

quorum 1175 164 

reports, when, by, to whom 1180 166 

shall audit accounts 1178 - .- 166 . 

term of office 1174 163 

vacancies, how filled 1174 163 

Building, erected where 1177 165 

plans and specifications for ■. 1176 '164' 

' proposals for , , . . , 1177 : • 165 



244 INDEX 

INDUSTRIAL SCHOOL— Continued— Section. Page, 

Endowment H'^'S 163 

Faculty, powers , 1179 166 

reports 1180 166 

trustees shall employ 1179 166 

Gifts, donations, etc 1178 166 

Location 1172 16^ 

Management 1174 163 

Object 1172 162 

State treasurer, custodian of funds 1178 165 

Superintendent of construction 1177 165 

INSTITUTE FUND— 

(See school funds) ., 876 70 

How created 772 26 

Use of 772 26 

INSTITUTION FOR FEEBLE MINDED— 

Board of trustees, appointment of 1161 159 

compensation 1171 162 

duties 1163 160 

duty of officers 1166 160 

meetings 1162 160 

organization 1162 160 

power over property 1169 162 

powers 1163 160 

quorum 1162 169 

reports, by, to whom, when 1170 162 

secretary 1166 160 

compensation of 1171 162 

treasurer 1166 160 

vacancies, how filled 1161 159 

Clothing for pupils 1167 161 

Location 1160 159 

Pupils who may become 1165 160 

Superintendent and other officers, appointment of and 

qualifications 1164 160 

reports to trustees 1170 162 

Transportation of pupils 1165, 1168 160-16J- 

INTEREST— 

Unpaid warrants bear 815 41 

INTEREST FUND— 

For bonds , general statute 3000 201 



INDEX 245 

LAND GRANTS— Section. Page. 

To educational institutions 17, 216 9-17 

Sale of lands 160 14 

LEASING OF COAL LANDS— 

Lands may be leased for mining purposes 216 193 

Manner of 217 193 

Penalty for mining without lease 223 194 

Price to be paid 218 193 

Restrictions on 221 194 

Right to rent surface reserved 220 194 

exception to 220 194 

Rules for determining rental 219 193 

Schedule of coal lands to be made 222 194 

tiBRARIES— 

Appropriation for 750 20 

District 822 43 

District and traveling, state superintendent to select and 

purchase books for 750 20 

State educational 1030 122 

Library commission, see state library commission 122 

LIGNITE COAL— 

State institutions to use (Note 30, Appendix D) 214 

LISBON, CITY OF— 

Independent district (Appendix A) 198 

MAINTENANCE— 

Of state institutions 838, 839, 840 52 

MORALS, PUBLIC— 

Importance of, to be taught 149 12 

Instruction 888 74 

MORTGAGES— 

Investment of school funds in 983 107 

Not to exceed ten years 983 108 

by whom and on what lands 983 108 

foreclosure 984 108 

in the name of the state 159 172 

paid after five years 984 108 

NARCOTICS— 

Duty of school board as to 76 7 

Effect to be taught 75 7 



ditto 



72 



Examination of teachers with respect to 77 7 



c246 :INDEX 

NON-RESIDENT PUPILS— Section. Page. 

■ Board of education may admit..,.., 960 (14) 1012 100-117 

:: when (Note 14, Appendix D) 212' 

NORMAL GRADUATES— 

Certificates, first and second class...... 871 66 

Professional 870 66: 



NORMAL SCHOOLS— ',,,.. 

Board of management, compensation..;;:-.:;-....;.-...... 1080 140- 

consisting of how many 1077 140' 

duties as to funds ■. 1083 141 

fix salaries of employes 1084 142" 

• ■ for each normal school 1076 139 

have management of property 1084 142" 

propose names of teachers 1084 142' 

report to trustees 1084 142" 

Board of trustees, biennial report 1089 143 

commissions 1079 140' 

, compensation 1080 ' 140' 

determine length of school term 1085 42' 

ex-officio members 1077 140 

fix salaries of instructors .•..'. 1085 142 

how constituted • .;....... 1077 140- 

meetings , when and where 1080 140' 

limit ;-. 1080 140' 

organization .- .-. . ; . ........ 1078 , 140- 

secretary 1078 140' 

salary of . , : 1080 141 

term of 1078 140" 

vacancies 1078 140' 

Course of study ; .... 1082 141 

Diplomas , who entitled to . 1090 143" 

Endowment and maintenance 1075 139' 

Faculty, annual report of 1088 " 143 

powers and duties of ...'...... 1086 143 

Graduates, normal certificates 871 6& 

: ' professional certificates 1091 143' 

Land grant 17 9' 

Location, where ...1074 139 

" Management of 1076 139' 

Nonsectarian 1082 141 

Object '1082 141 

Principal , duty of 1087 143' 

Qualifications 1078 140" 

State professional certificate 1091 140" 



INDEX 247 

NORMAL SCHOOLS— Continued— Section. Page. 

State treasurer to keep funds 1081 141 

Superintendent of construction 1083 141 

compensation of 1083 141 

Tax levy for maintenance 

• 15-100 of a mill for Valley City 888,839,840 52 

13-100 of a mill for Mayville 840 52 

NORTH DAKOTA ACADEMY OF SCIENCE— 
(See academy of science). 

NOTICE— 

Sale of school lands, board of university and school lands 

to publish 169 170 

OATH OF OFFICE— 

Board of education 978 104 

Filed with clerk 978 104 

Form of Note 32, 978 104-247 

Where filed ., 817 42 

OFFICE— 
Term of (Note 9, Appendix D) , .... 211 

OFFICIAL BONDS^ 
(See bonds, official.) 

PENALTIES— 

(See fines and penalties). 

PERMANENT SCHOOL FUND— 

How invested 155 170 

What belongs to 199 186 

PERMITS TO TEACH— 

Granted, when , 874 69 

To whom granted 875 69 

not granted 875 70 

PHYSICAL EDUCATION— 
Teachers to give 889 74 

POLL TAX— 
County auditor to levy. 855 60 

POOL ROOMS— 

(See public places, certain.) 
PRESIDENT OF SCHOOL BOARD— 

(See school board). 



248 INDEX 



PROPERTY— Section. Page. 

May be taken by gift or devise 1014 117 

Not subject to lien 1014 117 

Title to is in district 1014 117 

PUBLIC INSTITUTIONS— 

Location of 215, 216 16-17 

PUBLIC MORALS— 
To be inculcated by teachers 888 74 

PUBLIC PLACES, CERTAIN— 

Minors, under 18 years of age and pupils of local high 
school not allowed to visit, be employed or play 

games in (Chapter 295, Laws 1907) 128 

when may be allowed to visit, play games or be employed 

in (Chapter 295, Laws 1907) 128 

penalty (Chapter 295, Laws 1907) 128 

PUPILS— 

Teachers may suspend 825 , 886 45-74 

may grade 887 74 

QUARANTINE— 
Effect of on teacher's salary (Note 21, Appendix D) 213 

READING CIRCLES— 

(See superintendent of public instruction). 

REAL estate- 
How conveyed 951 96 

ditto 1015 117 

REFORM SCHOOL— 

Continuation and use 10325 168 

Land grant to 17 9 

Location of 10325 168 

REFUNDING BONDS— 
(See bonds, municipal). 

REPORTS, OFFICIAL— 

. Superintendent of public instruction 760, 761 22-22 

SALARY— 

County superintendent 777 27 

District treasurer 818 42 

Superintendent of public instruction 763 23 

Teachers' , graded 823 44 



INDEX 249 

SCHOOL BOARD— Section. Page. 

Action on treasurer's bond 817 42 

Annual statement, treasurers must publish 814 41 

Blanks, must furnish 409 199 

Bonds, may purchase 914 84 

Cancellation of paid bonds 917 86 

Census 835 50 

Clerk of 807 38 

ditto (Note 11 , Appendix D) 211 

compensation 810 39 

duties 810 39 

vacancy 862 63 

Compensation 808 39 

ditto (Note 12, Appendix D) . 211 

Consolidation of schools 832 48 

Contracts, not to have interest in 902 80 

Course of study and additional branches 826 45 

Depositories , may designate 914 85 

District high school, election for 834 49 

Employ and dismiss teachers 823 44 

Equalization of indebtedness 864 64 

Fix length of school held each year 832 48 

Eree text books , power as to 1027 121 

Funds, treasurer pays out, how.- 814 41 

Furniture and apparatus 822 43 

Indebtedness , equalization of 864 64 

Investment of funds 983 106 

may buy bonds 983(3) 107 

Government and discipline of schools 825 45 

Health and decency, duties as to 1038 128 

Hitching posts, must provide 1039 128 

How constituted 806 38 

Length of school year 832, 833 48-49 

Library 822 43 

Meetings, regular 808 38 

- special : 808 38 

New school for remote pupils 831 47 

Not less than six months school 832 48 

Organization 807 38 

Physical education, make provision for 889 75 

Powers , general .' • 819 42 

President, duties of 809 39 

duty as to compulsory education 896 79 

Proposals for building school houses 918 86 

Pupils , conveying 832 49 

from other districts mav admit 824 44 



250 INDEX 

SCHOOL BOARD— Continued— Section. Page, 

Pupils from unorganized districts '. . 824 44 

non-residents, may admit (Note 14, Appendix D) 212 

suspension and expulsion of : 825 45 

transfer, may 824 45 

transportation of, routes of travel 832 49- 

Purchase of site 831 48 

Quorum 806 38 

Records, open to public 836 51 

Remote pupils, new school for. 831 47 

Repairs , fuel and supplies 821 43 

Report library statistics 822 44 

Schools, establishment of new for remote pupils 831 47 

School house, may permit use for other purposes 828 45 

conditions on which use is permitted 828 45 

Speculation in office prohibited 9402 203 

Stables, in rural districts, supplies, fuel and repairs 821 '43 

Tax levy 854 59 

for sinking, fund and interest on bonds 914 84 

how made and when made 827 45 

no abatement after notice to county auditor 827 45 

Teachers , employ and dismiss 823 44 

Text books, free, powers as to 1027 121 

Treasurer, bond of 811 40 

additional bond 812 40 

action on 905 81 

. fidelity company 813 41 

premium, district must pay 813 41 

vacancy 811 40 

Truant officer, may employ, when 896 79 

, Vacancies 861 63 

SCHOOL CALENDAR— (Appendix E) 216 

SCHOOL DISTRICTS— 

Apportioninent forfeited 847 55 

Bonds, meeting to vote on (see elections) 910 82 

Boundaries 786 30 

changed when districts in two townships 792 (5) 33 

future changes in 793 33 

general changes in 792 (6) 33 

rearrangement of • ^ 792 32 

Civil township in a single district 792 (1) 33 

Conditions on which organized 786 30 

Congressional township a single district 792(2) 33 

Consolidated, when 792(4) 33 

Contracts of, irregular, ratified 796 35 



INDEX 251 

SGHOOL DISTRICTS— Continued — - ' Section. Page. 

County treasurer, accounts with. . .■ 852 59 

Debt of, bonded, to be included in.......,.,.;....,.......... 183 16 

estimate 183 16 

bonded in excess of 5 per cent, void 183 16 

credit of district, for what 185 16 

may be pledged 185 16 

evidence of, to be properly endorsed. 187 16 

no bill to be paid until statement is filed, and audited.... 186 16 

not to exceed 5 per cent, of valuation 183 16 

payment of principal and interest to be provided for. .. . 184 16 

Decisions of supreme court (Appendix C) " .... • 205-212 

.Divided, when.... ..,/... 943 94 

Division to form special district... 937 92 

of property on division of district 945 94 

of hy natural obstacle. 788 31 

! Election on bonds, petition for 911 83 

Fractional township may be consolidated 790 32 

■ General changes in boundary lines 792 (6) 33 

; Having no school board., creditors, how paid. 858 - 62 

taxes in 858 62 

Irregularities legalized 796 35 

: :, May sue and be sued, contract and hold property. .. 794 34 

Name of ;... • ... 791 32 

. New, how formed 787, 793 31-34 

Not entitled to tuition fund unless enumeration taken 847 55 

unless 50 per cent of children enumerated attended 

school sixty days 835 50 

unless school was maintained six months in old district 

and four months in new 847 55 

Members of 791 32 

old, retained 791 32 

Officers , in new district 797 35 

election of 797 35 

; term of : ...:. 797 35 

Organization (Note 8, Appendix D) ;..;...... 211 

Partly organized territory 792 (3) 33 

• ' Petition for organization ". . 786 30 

Plats, county auditor to furnish 795 34 

'Property pledged as security for bonds ....'....... 986' 108 

, Schools must be free / 894 (4) -78 

Schoolhouses already built may be bonded for. .:....:... . 919 ' 87 

' Security for bonds , property is .■ 986 ' 108 

. Special and independent, entitled to tuition fund,..when. . . 894 57 

.., Territory,. in two counties, how divided 788- • 31 

, ^To confoi:ni> to civil township 785 30 



252 INDEX 

SCHOOL DISTRICTS— Continued— Section. Page. 

Town or village divided by county line 789 31 

Treasurer's bond , action on 905 81 

Tuition fund, not entitled to unless enumeration taken 847 55 

unless 50 per cent of children enumerated attended school 

sixty days 835 50 

unless school v^^as maintained six months in old district 

and four months in new 847 55 

What constitutes 784 29 

What territory may be organized into 786 30 

SCHOOL FUNDS— 

Attorney general to collect past due accounts 158 172 

County tuition fund, how apportioned 855 (2) 61 

how levied 855 61 

Damages recovered for trespass belong to general fund. . . . 226 196 

Decisions of supreme court (Appendix E) 203-212 

Deposit in depository releases treasurer from liability 914 85 

District funds controlled by treasurer 846 55 

not entitled to unless enumeration made 847 55 

unless children enumerated attended school sixty days.. 835 50 
unless school was maintained six months in old district and 

four months in new 847 55 

treasurer's books, how kept 846 55 

Embezzlement of 904 80 

How paid out 814 41 

Institute fund, fee for certificates 876 70 

Interest coupons, payment of 985 108 

Investment of 983 106 

school board may buy bonds 983 (1) , (3) 155 106-170 

in mortgages 983 (4) 107 

Not to be used, for private or denominational schools (Ap- 
pendix D, Note 17) 212 

Permanent and general funds 199 186 

apportionment of 154 12 

care of 165 15 

created 13, 153, 159 8-12-14 

investment of 162 15 

proceeds from land sales 159 14 

Special fund , defined 845 55 

State tuition fund, apportionment 843 53 

by county superintendent 848 56 

by state : 844 54 

county treasurer, duty of 844 53 

defined 845 55 

excess, how used.... 845 55 



INDEX 253 

SCHOOL FUNDS— Continued— Section. Page. 

State tuition fund, how raised 843 63 

how used 845 55 

interest on permanent fund kept separate 844 54 

independent and special districts entitled to, when 849 57 

new district 847 56 

state auditor, duty of 844 54 

warrants on state treasurer 844 54 

Surplus, disposal of 991 109 

withheld when clerk fails to make enumeration. 847 55 

when 50 per cent of children of school age do not attend 

school sixty days 885 50 

when school is not maintained six months in old district 

and four months in new 847 55 

' Unlawful drawing, penalty for 903 80 

When county treasurer to pay district treasurer 851 58 

SCHOOL OF FORESTRY— 

Board of directors, appointment of 1232 167 

audit accounts 1235 168 

commissions " 1233 168 

compensation 1234 168 

meetings 1234 168 

special 1234 168 

oath 1233 168 

organization 1233 loe 

quorum • 1233 168 

reports • 1236 16 

vacancies 1232 167 

Course of study * 1231 167 

Location 1231 167 

Management • • • • 1232 167 

Object 1231 167 

Tax levy for maintenance 838 5^ 

2-100 of a mill 840 52 

SCHOOL HOUSES— 

Board of education to buy or build 960 (4) (5) 98 

Board of education must consult with county Superintend- 
ent of schools and county superintendent of health 

on plans for construction, lighting, heating of , etc.. 829 46 

Board of inspection of, who constitutes 829 47 

duties of 829 47 

Bonds for building 910 82 

of contractors 6252 202 

how executed 6252 20., 



254- INDEX 

SCHOOL HOUSES— Continued— Section. Page. 

Contracts for building 965 101 

Location of (Note 5, Appendix D) 212 

May be used for other purposes 828 45 

Plans of one and two-room buildings to be furnished by 

state superintendent 829 46 

Proposal for building 918 86 

SCHOOL LAWS— 
Revision of by attorney general and governor (Chapter 

102, Laws of 1907) 22 

Report to legislature (Chapter 102, Laws 1907) 23 

shall be introduced into the legislature (Chapter 102, 

Laws 1907).:.. 23 

Superintendent of public instruction shall publish 756 21 

SCHOOL OF MINES— 

Land grant to 17 9 

Location of 215(2) 17 

Tax levy for maintenance 838 52 

SCHOOL AND PUBLIC LANDS— 

Action to recover possession 187 182 

Appraisal of subdivision 179 180 

(See county board of appraisal.) 

SCHOOL AND PUBLIC LANDS— . 

Assessor to examine land 197 186 

Claim for occupation, etc., not recognized 163 15 

Contracts of sale assignable 182 180 

payments on, made to county treasurer 192 184 

surrender and division of 183 180 

voidable on failure to pay principal or interest 184 181 

Damages for trespass to go to general fund 226 196 

Equalizing appraisement 204 188 

Fee in state until contract is fulfilled 186 182 

Land commisioner, fees of 229 196 

Leasing of 161 14 

adjournment 209 190 

appropriation for expenses of 228 196 

contract of 210 191 

cultivated lands : 203 188 

hay, when to cut . .' 213 192 

highest bidder, must deposit amount bid 208 190 

how conducted 207 189 

land subject to 202 187 

notice of 206 189 

removal of improvements 211 190 

second bid accepted , when 208 190 



INDEX 255 

SCHOOL AND PUBLIC LANDS— Continued— Section. Page. 

Leasing, selection of land for 205 189 

timber not to be destroyed 211 190 

uncultivated lands must not be broken 212 191 

Leasing for coal mining 216 193 

manner of 217 193 

mining without lease, penalty 223 194 

price to be paid 218 193 

restrictions 221 194 

right to rent surface reserved , . . 220 194 

rules to determine rental 219 193 

schedule of lands 222 194 

Notice of sale 169 176 

Patents, how executed 189 183 

record of 190 183 

when to issue 158 14 

ditto 186, 189 182-183 

Payments, disposition of 192 184 

Property severed to be seized 225 195 

Reconveyance to the U. S. , when 188 182 

Records to be deposited with the commissioner 198 186 

Reservation of 88, 10, 17 7-8-9 

Resale of 171 177 

Redemption, right of, where contract is voided 185 181 

State institutions, grant to 17, 215 8-17 

Sale of lands 160 14 

adjournment of 172 177 

amount to be sold 200 186 

approval of 174 178 

execution of contracts 175 179 

expenses , how paid 228 196 

lands withdrawn , when 173 178 

manner of sale 170 177 

must sell for appraised value or more 170 177 

nor for less than $10 per acre 14, 158 8-13 

notice of 169 176 

to purchaser 175 178 

rights of purchaser under contract 181 180 

selection of lands for sale 168 . 176 

terms of 171 177 

where and how conducted 158 14 

when, and on what terms 155, 158 13 

void, when 176 179 

Subdivision of lands 178 179 

Surveys, when made 177 179 

Taxation, when subject to 191 183 

Trespass on , 215, 224 192-195 



256 INDEX 

SCHOOLS, PUBLIC— Section. Page. 

Always under state control — 152 12 

Bible not to be excluded from 888 74 

Close for teachers' institutes 885 73 

Course of study 883 72 

Must be free 894 77 

Must be maintained 4, 69, 147, 148 8-10-11-12 

Must be non-sectarian 147 11 

Willful disturbance of, penalty for ■ 908 81 

SCHOOL SITES— 

Bonds for purchase of 910 82 

How obtained 830 47 

selected 829 46 

New school for remote pupils 831 47 

Purchase of 831 48 

Reversion 830 47 

SCHOOL TREASURER— 

Accounts, how kept 850 57 

settlement , when , 850 57 

Action on bond 817 42 

ditto 905 81 

Additional bond, when required 812 40 

Bond of 811 40 

Bonds, municipal, shall negotiate 915 85 

County treasurer to pay funds, to, when 851 58 

Deposit in depository releases from liability 914 85 

Embezzlement of funds 904 80 

Endorsement on unpaid warrants 815 41 

False reports, penalty for 907 81 

Funds, how paid out 814 41 

Liability, exempt from on deposit with depository 914 85 

Notice to drawee of unpaid warrants 815 41 

bond of •• 968 101 

duties of 967 101 

Records , open to public ■. 836 51 

Reports , form of 850 58 

on triplicate 850 57 

false, penalty for 907 81 

Salary of 818 42 

Surety bond 813 40 

Unlawful drawing of money 903 80 

penalty for 903 80 

Vacancy .• 811 40 

Warrants, unpaid to be endorsed 815 41 

penalty for failure 906 80 

notice to drawee, when sufficient funds 815 41 

When county treasurer to pay funds to 851 58 



INDEX 257 

SCHOOL MONTH— Section. Page. 

Defined • 882 72. 

SCHOOL TERM— 

Increased on petition 833 iW 

Length, and how fixed 832 48 

Maximum length of 833 49 

Special districts, length of 960 (11) 98 

SCHOOL WEEK— 

Defined 882 72 

SCHOOL YEAR— 

Defined 882 72 

SEALS— 

Board of education, independent district 999 112" 

County superintenderlt 768 25- 

Superintendent of public instruction 758 21 

SECRETARY BOARD OF EDUCATION— 
(See board of education). 

SECRETARY OF STATE— 

Board of university and school lands, member of 152 169^ 

Bond of land commissioner, filed with 153 169- 

Furnish university with official publications 1059, 1060 136-137 

SINKING FUND— 

Investment of 983 105 

To pay bonds 3001 202 

SITES— 

(See school sites). 

SPECIAL DISTRICTS— 

Creation of 938 92 

Constituted, when 943 94 

Division of property 945 94 

Duty of board as to health and decency 1038 128 

Election to form 939 92 

of board of education " 971 103: 

notice of 972 lOS 

form of 973 103 

Formation under present law 948 95. 

How organized 95-2 96 

Investment of funds 903 106' 

May become part of general district, when, how 970 102 

What are 937 92 

What may become 937 92 

School Laws— 17 



258 INDEX 

SPECIAL LAWS— Section. Page. 

Independent districts (Appendix A) • 198 

SPECULATION— 

In office prohibited ■ 9402 203 

STABLES— 

In rural districts 1039 128 

STATE'S ATTORNEY— 

Prosecute action for trespass 227 196 

STATE AUDITOR— 

Board of university and school lands, member of 152 169 

Deaf and dumb school, issues certificates 1150 156 

Industrial school, warrants for 1175 164 

Institute fund , warrants on 892 76 

School funds, authority to draw warrants on 160 172 

Tuition fund , state , duties as to 844 54 

STATE EDUCATIONAL LIBRARY— 

Appropriation for. ... .- 1030 122 

STATE GEOLOGIST— 

Professor of geology at university 1069 139 

STATE HIGH SCHOOLS-- 
See high school board). 

STATE INSTITUTIONS— 

Heads of (Appendix G) 221 

STATE PUBLIC LIBRARY COMMISSION— 

Appropriation (Chapter 243, Laws 1907) 124 

Assist in organizing libraries (Chapter 243, Laws 1907) 124 

Borrow books from (Chapter 243, Laws 1907) 123 

Compensation (Chapter 243, Laws 1907) 123 

Composed, how (Chapter 243, Laws 1907) 123 

Duties (Chapter 243, Laws 1907) 123 

Legislative reference bureau, shall establish (Chapter 243, 

Laws 1907) 124 

Librarian, may appoint (Chapter 243, Laws 1907) 123 

Office, where (Chapter 243, Laws 1907) 124 

Officers (Chapter 243, Laws 1907) 123 

Powers (Chapter 243, Laws 1907) 123 

Records, what to consist of (Chapter 243, Laws 1907) 124 

Reports, to legislature, on what (Chapter 243, Laws 1907) .... 124 

■ Rules for transacting business 123 

shall make (Chapter 243 , Laws 1907) 123 

for borrowing, returning and caring for beeks, shall 

make (Chapter 243, Laws 1907) 123 



INDEX 259 

STATE PUBLIC LIBRARY COMMISSION— Continued— Section. Page. 

Term of office (Chapter 243, Laws 1907) 123 

Vacancy, -how filled (Chapter 243, Laws 1907) : 123 

Who are members (Chapter 243, Laws 1907) 123 

STATE PROiFESSIONAL CERTIFICATE— 869 65 

For life 1091 143 

five years 1091 143 

STATE REFORM SCHOOL— 
(See reform school.) 

STATE TREASURER— . 

Custodian of school funds 157 171 

of securities 157 171 

of funds of academy of science 1098 145 

of industrial school 1178 165 

of reform school (Revised Codes 1905) 10329 

Collect money due on securities 158 172 

Keep funds of normal schools 1081 141 

Report collections on school land sales 158 172 

STATE TUITION FUNDS— 
(See school funds.) 

STATE UNIVERSITY— 
(See university.) 

STATUTES— 

Not included in school laws (Appendix B) 198 203 

STIMULANTS— 
(See narcotics.) 

STUDIES— 
Assignment by teacher 887 A 

SUPERINTENDENT— 

Board of education may employ 960 (9) 99 

Schools , supervision of 962 100 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Appeals from county superintendent, shall determine 754 21 

prescribe procedure 754 21 

Board of university and school lands, member of 749 19 

B'ond (Note 1, Appendix D) 210 

Books, reports, etc., to be preserved 748 19 

Biennial report 760 22 

Confer with county superintendents 757 21 

Course of study in public schools, prescribe 752 20 



250 INDEX 

SUPERINTENDENT OF PUBLIC INSTRUCTION— Continued- 
Section. Page. 

County superintendents, shall advise 754 21 

Diplomas from university, endorsement of 1054 135 

Educational association, publish proceedings of 762 23 

Election of 747 19 

Examinations, teachers', shall prepare questions 751 20 

Have general supervision of public schools 749 19 

High school board, member of 1031 125 

Normal school board, member of 749 19 

ditto 1077 140 

Office of 82 10 

Powers and duties 83 10 

Purchase books for district and traveling libraries 750 20 

Qualifications for 82, 747 10 

Records , shall keep 755 21 

printing and distribution of 761 22 

Revoke certificates 751 20 

Salary 84, 763 10 

Traveling expenses 763 23 

Term of office 82, 747 10 

School laws, shall have printed 750 • 20 

Seal of 758 21 

Supplies, blanks, etc., to furnish 750 20 

Teachers' examinations, duties as to 869 65 

institutes , assist at -. 759 21 

appoint conductors ; 891 75 

course of study, prescribe 753 20 

rules and regulations, prescribe 753 20 

reading circles, prescribe course 753 20 

training schools , prescribe course 753 20 

Text books, supply list of 1027 121 

Vacancy 859 62 

SUPPLIES— 

State superintendent to furnish 750 20 

SUPREME COURT— 
Decisions of (Appendix C) 203-209 

SUPREME COURT REPORTS—- 

Secretary of state shall furnish university 1059 136 

SURETY BONDS— 
May be required (Revised Codes 1905) 4455 

SUSPENSION OF PUPILS— 

By school board §25 45 



teacher 



886 74 



INDEX 261 

TAXES— . Section. Page. 

Annual school tax 964 100 

Bonds issued when taxes insufficient 979 104 

Delinquent 855 (3) 61 

Equalization of debts, maximum levy for 866 64 

paid to district treasurer 867 65 

How and when collected 853 59 

In districts having no school board 858 62 

Levy for sinking fund and interest on bonds 914 84 

ditto 982 106 

how made and when 827 45 

dito 854 59 

maintenance for state institutions 838 52 

resolution by board of education, to provide for 982 106 

to pay bonds 982 106 

to pay divided bonded indebtedness 866 64 

to pay judgment 854, 856 60-61 

to pay previous debts and to equalize 865 64 

Maximum levy for all purposes 868 65 

Refund, when 853 59 

School board cannot abate after notice to auditor 827 45 

Uniform , must be 856 61 

What property taxable 963 100 

TAXES — Independent District — 

Board of education, powers as to. 1003 113 

Collection of 1004 113 

Limitation on 1005 114 

TAXES— 

School lands, when subject to 191 183 

Support of state institutions, how apportioned 840, 841 52 

TEACHERS— 

Board of education , duties as to 960 99 

Bible, reading of 888 74 

Certificate and permit, to whom granted 875 69 

aliens not entitled to (Note 25, Appendix D) 213 

professional 869, 1091 65-143 

third grade (Note 19, Appendix D) 212 

Contract, must be in writing 823 44 

not affected by change in district (Note 20, Appendix D) .... 212 

when void 875 69 

Decisions of supreme court (Appendix C) 203-209 

Examination for certificate 869 65 

Excuse from attendance at institute, when 769 24 

Institutes, must attend 767, 885 24-73 

penalty for failure 885 73 

May suspend pupils 886 74 



262 INDEX 

TAXES— Continued— Section. Page. 

Moral instruction by 888 74 

No compensation, when 880 71 

Normal students in university to file declaration of intention 

to teach 1057 136 

Notice of beginning and closing terms of school 879 71 

Permits to teach (Note 18, Appendix D) 212 

Physical exercise, instruction in 889 74 

Qualifications of 875 69 

Re-examination , when 874 68 

Register, what to contain , 881 72 

Report to county superintendent . . . . 881 72 

Report and salary (Note 22, Appendix D) 213 

Salary, in case of quarantine (Note 21, Appendix D) 213 

graded 823 44 

To grade pupils 887 74 

Wages held back, when 881 72 

Who may be 823 44 

TEACHERS' INSTITUTES— 

(See superintendent of public instruction.) 

Appropriation for 890 75 

by county commissioners 893 77 

Conductors , appointment of 890 75 

Funds 890 76 

how paid out 892 75 

Notice of 885 73 

Rules and regulations, state superintendent to prescribe... 753 20 

TEACHERS' READING CIRCLE— 

(See superintendent of public instruction.) 

Fees from normal and professional certificates 872 67 

TERM— 

Of office (Note 9, Appendix D) 211 

county superintendent 764 23 

state superintendent 747 19 

Of school (See school term.) 

TERRITORY— 

Adjacent, how attached 949 95 

Divided, when 943 94 

by natural obstacle 788 31 

to form special district 938 92 

In two counties • 788 31 

New districts, may include what 787 30 

What may be organized 786 30 

TEXT BOOKS, FREE— 

(See free text books.) 



INDEX 263 

TIMBER— Section. Page. 

Board of university and school lands may sell what 214 192 

Lessee of school lands not to destroy 211 191 

TITLE— 

How acquired 830 47 

Of school lands is in state 186 182 

TOWNSHIP— 

Civil may be organized into school district •. . . . 792 (1) 03 

Congressional may be organized 792 (2) 33 

Fractional tnay be consolidated 790 ' 31 

TRAINING SCHOOLS, TEACHERS'— 
(See superintendent of public instruction. y 

TRAVELING EXPENSES— 
Of state superintendent 763 23 

TREASURER— 

(See school treasurer.) 
(See state treasurer.) 

TRESPASS— 

Damages recovered go to general fund 226 190 

On public lands 215, 224 192-193 

State's attorney to prosecute actions for 227 196 

TRUANT OFFICER— 

School board may employ 8dG 78 

TRUSTEES— 

(See under various institutions.) 

TUITION FUND— 
(See school funds.) 

UNCULTIVATED LANDS— 

Must not be broken 212 191 

UNITED STATES BONDS— 

Investment of school funds in 983 ( 1 ) 106 

UNITED STATES FLAG— 

To be displayed when 

Penalty for failure 



264 INDEX 

UNIVERSITY— Section. Page. 

Board of trustees adopt rules of government.' 1046, 1057 132-130 

Budge, William, life member of 1041 131 

cause weather reports to be kept 1065 137 

compensation 1056 136 

distribution of reports 1048 133 

elect president and faculty 1046 132 

fix salaries 1058 136 

from same county, limit 1042 131 

geological and' natural history survey 1063 187 

geological map 1067 188 

government of university 1041 131 

how^ appointed 1042 131 

maintain museums 1066 138 

may expend income 1047 133 

may remove president or any professor 1046 132 

may unite any college with university 1047 138 

meetings 1044 132 

number of, limited 1045 132 

officers and records 1043 131 

powers and duties 1043 131 

prescribe requirements for admission 1057 136 

rules for management of property ■. . . 1048 132 

quorum 1044 132 

reports as to surveys 1068 138 

to governor 1048 183 

secretary, duties 1043 131 

superintendent of buildings and grounds 1043 131 

vacancies 1042 131 

Course of instruction. 1051 134 

Departments 1050 134 

Diploma, endorsement of by state superintendent 1054 135 

Geological survey, extent of 1064 137 

appropriation for 1070 189 

Graduates entitled to certificate to teach 1054 135 

Instruction to be nonpartisan and nonsectarian 1046 182 

Land grant to 17 9 

Location 215, 1040 17 

Muskets , loan of, authorized 1061 , 1062 137 

Normal graduates, professional certificate 870 , 66 

students file declaration of intention to teach 1057 136 

Object 1050 184 

Official publications to be furnished 1059, 1060 136-137 

President, member of high school board 1031 125 

and faculty, powers 1049 133 

elected by trustees 1046 182 

salaries to be fixed by trustees 1058 136 

Pupils , who may become 1053 185 



INDEX 265 

UNIVERSITY— Continued— Section. Page. 

Rents , penalties , etc. , from lands 842 53 

Requirements for admission, trustees to fix 1057 136 

Scandinavian language 1052 135 

State geologist, professor of geology is 1069 189 

Tax levy for maintenance 838 52 

30-100 of a mill 840 52 

Tuition fees 1055 135 

VACANCIES— (Notes 3 and 9, Appendix D) 210 

Board of education, how filled 977 104 

independent district 998 112 

Commissioner of university and school lands 163 173 

County superintendent 860 63 

Director of school of forestry 1232 167 

Election board 802 37 

Failure to give bond -. 968 101 

treasurer of independent district 1008 115 

School clerk 862 63 

treasurer 811 40 

Superintendent of public instruction 859 62 

Trustee of agricultural college 1102 146 

blind scnool '. 1153 157 

deaf and dumb school 1134 152 

industrial school 1174 163 

normal school 1078 140 

When 863 63 

VOTE— 

Who may 799 36 

VOT'ERS— 

Privileged from arrest , when 123 11 

Residence not lost, when 125 11 

Soldiers and sailors not residents 126 11 

Who are 121 11 

are not 127 11 

qualified (Note 10, Appendix D) 211 

women are , when , 128 11 

WARRANTS— 

Decisions of supreme court (Appendix C) 203 209 

Money paid only on proper 967 101 

no money paid except on proper 814 41 

Notice to drawee of sufficient funds 815 41 

Only for prior indebtedness 816 42 

Penalty, failure to endorse unpaid 906 81 

Unpaid bear interest 815 41 

to be endorsed 815 41 

What to specify 816 42 



266 INDEX 



WATER CLOSETS— Section. Pagp. 
School board must provide 1038 128 

WALCOTT— 

Independent district of (Appendix A)... 198 

WEATHER REPORTS— 

To be kept at university 1065 137 

WEEK, SCHOOL— 
Defined 882 72 

WOMEN— 
Are voters , when 128 11 

YEAR, SCHOOL— 

« 

Defined 883 72 



